What do I do in the case of being wrongfully accused by the state? 1 Answers as of January 11, 2011I was wrongly accused about 4 years ago of a felony, I was actually the victim of a huge secret shopper scam, I was arrested for fraud but was never found guilty. When I contacted the courts to inquire about what I needed to do in order to have the record taken off, they initially told me I didn't need to take any further action and that the case was going to be closed. For the past few years I thought that this whole thing was over, until I recently went to court for a ticket and the prosecuting attorney informed me that the charge was still showing up on my CBI, I have not been able to find a decent job since 2008, I used to be an office manager after I quit my position I have only been able to find work as a waitress, I have applied to several positions I am qualified for, I even attend workshops at the Adams county workforce center, today I asked for advice from my program leader and she suggested I contact a lawyer. Since finding out that I have had a felony record all these years I have contacted the county court and they informed me I would have to pay a huge fee to have the record taken off and even then the arrest will still show up on my CBI? This charge has impacted my life beyond belief and is something I am in FACT not guilty of, on the contrary thousands of other Americans across the US fell victim to the same scam, during the same time period. So my question is why am I required to pay for something that was actually an assault on me to say the least. I have suffered from this for so long and originally had no idea why, its appalling to me further more that even if I am able to pay the fees; the arrest will still show up on a CBI? Even getting to the point of being able to pay the fees to have it taken off is extremely difficult right now due directly to the charge itself, because I am unemployed seeking work in the middle of an economic struggle, is there any other options for me? I am in desperate need of legal advice in this situation. Thank you.
Miller & Harrison, LLC | David Harrison
Your only possible course of action is to file a petition to seal the record (assuming no charges were filed or it was completely dismissed). The filing fee is around $250. A 'criminal record' is really and *arrest* record, not a *conviction* record, so if you are arrested but not convicted, your only option in Colorado is to petition to seal it.
Answer Applies to: Colorado