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cambridge68

Guest
What is the name of your state? CA

I'm new, not sure if this is where I should post this question or not...please let me know if I need a different forum.

Long story short - I'm divorced (bitter), ex-wife recently passed away. Grandmother filed for custody/lost. Being vindictive, exMIL filed criminal charges against me saying I used my son's SS# to obtain a credit card. I did nothing of the sort, didn't even know there was anything on my son's credit report, (He's only 7, who check a child's credit report?) I was arrested after realy NO investigation on the police's behalf, my lawyer took the case directly to the grand jury and they "no billed" it.

So here I am now with a criminal felony arrest record. I recently was laid off from my job, not sure if they will re-hire me when business improves, so I'm looking for a new poistion...coming to find that this arrest on my record (although I was cleared of charges) is having a dramatic effect on my "hireablily"

I find out I need to go to district court to have this "expunged". It will cost me $1000 to do. (filing fees and lawyer expenses) Right now, being a single parent, I don't have that kind of $$.

Ok, the questions (so much for long story short)

1 - Do I have a case against my ex MIL for malicious procecution (or something to that effect?) due to the "no bill" from the grand jury? I'd like to recoup my legal expenses and be able to pay for the expungement (not to mention maybe get a few $$ for the absolute humiliation from the whole thing...)

2 - if so, do you think and attorney would take the case on contingency, take his fees from what I'm awarded?
 


M

mrdeanpilcher

Guest
Expunging criminal records

....the line of thought in this is that if the 'no bill' was handed down, it should be noted in your jacket along w/the arrest.

I would suggest enrolling in a program that I have just joined. It's called "Pre-paid Legal". for $18/month, you are allotted 50 or 60 hours of work.

I just joined yesterday, and am waiting for correspondence from them. If you are interested in this, I can turn you on to a contact that can give you more info on it.

Let me leave you w/this advice....DLTBGYD (Don't let the basturds grind you down)

good luck!
 
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JETX

Senior Member
First, do NOT listen to this 'salesman' trying to pitch his legal plan. It is a bunch of crap and a violation of the forum rules. His posts will be deleted in a little bit (when the west coast wakes up).

Second, as to your questions:
"Do I have a case against my ex MIL for malicious procecution (or something to that effect?) due to the "no bill" from the grand jury?"
*** Regretably, no. Whether she made the complaint out of spite or vindictiveness, the prosecutor felt that there was sufficient evidence of wrong doing to bring the charges. As such, the complainant is not liable.

"if so, do you think and attorney would take the case on contingency, take his fees from what I'm awarded?"
*** No. See above.

The expungement process is fairly 'standard' and not really too complex. You may want to 'shop around' and see if you can find the service for less money.

Some sites you may want to look at:
http://www.elaw-online.com/page4.html
http://consumerlawpage.com/article/arrest.shtml
http://www.nocuffs.com/expungement/
http://www.clearcriminalrecords.com/Expungement.html
 

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