Wrongly accused!

[Jimmyg31979]

What is the name of your state - Arizona

I was accused of arson in 1999. I went to jail, court. I plead NOT GUILTY and ended up in a jury trial. I was Found not guilty. I have applied for jobs and interviewed for them. I am highly qualified in my field and would have gotten these jobs. I went for an interview last week and found out that the court recorded my case as (PLEAD GUILTY/ SENTENCE IMPOSED) which means I am a convicted felon for arson.

I went to the court house and asked them for a copy of my disposition and they saw this and quickly changed the information in there computer system. That does not change the damage already done.

Do i have a case to sue the court? What kind of lawsuit is this?

[Zigner]

Originally Posted by Jimmyg31979

What is the name of your state - Arizona

I was accused of arson in 1999. I went to jail, court. I plead NOT GUILTY and ended up in a jury trial. I was Found not guilty. I have applied for jobs and interviewed for them. I am highly qualified in my field and would have gotten these jobs. I went for an interview last week and found out that the court recorded my case as (PLEAD GUILTY/ SENTENCE IMPOSED) which means I am a convicted felon for arson.

I went to the court house and asked them for a copy of my disposition and they saw this and quickly changed the information in there computer system. That does not change the damage already done.

Do i have a case to sue the court? What kind of lawsuit is this?

This is a case that should have been dealt with 9-10 years ago

[Jimmyg31979]

I did deal with this problem 9 or 10 years ago. And I was found not guilty. So the arson is not the subject now. It is the verdict that I am concerned with. I had no idea that I had a conviction on my record until the job interview last week.

[Zigner]

Originally Posted by Jimmyg31979

I did deal with this problem 9 or 10 years ago. And I was found not guilty. So the arson is not the subject now. It is the verdict that I am concerned with. I had no idea that I had a conviction on my record until the job interview last week.

You didn't deal with this 9 or 10 years ago. Your time period to sue somebody on this has long expired.

[Jimmyg31979]

My time period has expired? When. This has nothing to do with the charge of ARSON. This has to do with Slander, LIbel perhaps. The arson case has been over for 10 years. The clerical error is what I am discussing.

[Zigner]

Originally Posted by Jimmyg31979

My time period has expired? When. This has nothing to do with the charge of ARSON. This has to do with Slander, LIbel perhaps. The arson case has been over for 10 years. The clerical error is what I am discussing.

You want to know if you can sue somebody because they made an error. I am telling you that your time to sue based on the error (if there ever was a time) is long past.

[cbg]

Let me put it another way.

The error was made years ago. The time to sue someone was then. Now you cannot. Now the statute of limitations to sue someone for the clerical error has passed.

Do you understand now?

[BOR]

Originally Posted by Jimmyg31979

My time period has expired? When. This has nothing to do with the charge of ARSON. This has to do with Slander, LIbel perhaps. The arson case has been over for 10 years. The clerical error is what I am discussing.

If you are talking about suing for a clerical error. Unless, and assumimg the SOL is still in play, you need to prove actual malice, meaning it was done on purpose, as these people "generally" enjoy some level of immunity.

If the published entry is contary to to the verdict, that can legally taken care of.

[Jimmyg31979]

I dont think that you are a lawyer. And if you are then I can see you running off all of your customers. Do you still think that I am referring to the arson? I am not. What do you think about damages done over the past 10 years for reporting that I am an arsonist. If you found out last week that you had some jerkoff court clerk that shouldnt be working at Pizza hut cleaning the bathrooms has caused you to not get jobs because of her mistake. The court is responsible for the actions of the people they employ. Just like you are responsible for the actions of your employees.

You should re read the post. The topic here is not the arson. it is the idiot that caused me to not get jobs due to her ignorance. and lack of care when she posted my case as GUILTY.

If nothing else, I could sue her personally. So what are you talking about? that I dont have a case.

[Zigner]

Originally Posted by Jimmyg31979

I dont think that you are a lawyer. And if you are then I can see you running off all of your customers. Do you still think that I am referring to the arson? I am not. What do you think about damages done over the past 10 years for reporting that I am an arsonist. If you found out last week that you had some jerkoff court clerk that shouldnt be working at Pizza hut cleaning the bathrooms has caused you to not get jobs because of her mistake. The court is responsible for the actions of the people they employ. Just like you are responsible for the actions of your employees.

You should re read the post. The topic here is not the arson. it is the idiot that caused me to not get jobs due to her ignorance. and lack of care when she posted my case as GUILTY.

If nothing else, I could sue her personally. So what are you talking about? that I dont have a case.

Ok, you're just being dense about this.
Go pay a lawyer...you're done here. Jerk.

[quincy]

In Arizona, you have one year from the date of first publication of a defamatory statement to bring a defamation action - not one year from the date of discovery of the defamatory statement. The statute of limitations for any lawsuit has long since passed.

Everyone needs to do a background check on themselves, because errors such as the one you discovered are not uncommon. You should also check your credit reports to make sure all of the information appearing on those are accurate, as well. The odds are good that there are errors. These can be caused by clerical errors or errors made by background check agencies (confusing your record with the record of someone with the same name).

And you should look to have the record of your arrest and arson charges expunged. If you were found not guilty, then having all record of the charges expunged should be a fairly simple matter. If not expunged, your arrest and the charge of arson will still appear on a background check - and these alone could make an employer hesitant to hire you, regardless of the verdict in your case.

But, as you have been told several times now, the time has long since passed when you could sue anyone for the error you recently discovered. It was an error that should never have been made, certainly, but one you probably should have been aware of earlier - especially if you knew you were qualified for the jobs you have been applying for, but have been continually passed over. A simple check with an employer back in 1999 could have pointed you to the erroneous information then.

Sorry.

[Jimmyg31979]

Thank you, That clears it up.

[quincy]

On behalf of everyone here who answered your question (and correctly EACH time ), you're welcome, Jimmy.

Good luck.