Is there any compensation that can be received for this gov't botch?

Question

Ok I'm gonna start from the beginning...
I tried to get a job and was told my background check didn't pass because of a charge still pending since 2004. I find out that the person who is suppose to be getting charged has my same first and last name. Our social security, d.o.b, drivers license, address all didnt match. I go to the court house with the man who is pressing the charges to clear my name. They tell me it can't be cleared unless I have a new court date set. In order to set a court date I had to be arrested and put in front of the magistrate so that he could set the court date. I was detained, searched, fingerprinted. Everything aside from being put in a cell. They told me being arrested was voluntary but the charge would stay there until I turned myself in. I was also told that I can't sue the state because they are immune to law-suits?! Almost 2 years I haven't been able to get a job probably because of this charge. Any helpful info, would be greatly appreciated

Answer 1

Speak with an attorney in your area. Honestly, your story makes no sense. IF a charge was on your background check, then an arrest was already made. IF you actually allowed yourself to be arrested for a crime you did not commit, then you deserve all the crap you are getting. For you to know the man pressing charges, against another person with your name has to be a joke. FOr you to go with him and allow yourself to be arrested for nothing, is even more of a joke. With your "arrest" you had to have received paperwork which indicates when the Court would hear your case.

I had a warrant come up in my name at a traffic stop, but with a different Social, DOB and address. The police officer simply pulled up a picture of that suspect, looked at me, and crossed of the warrant. (Apparently, that suspect was black, and I am white.) I feel there are many details you are leaving out, so I suggest you contact an attorney in your area.

Besides, if your background check showed an arrest, 2 years prior, have the compaintant get a copy of the disposition of that case. It would show the charges, date of trial, result (guilty/not guilty), the sentence handed down and whether or not said sentence was served.

Answer 2

Where do you live, this sounds absurd. If the person being charged was not you, why would they arrest you to clear your name?! Sounds incredibly wrong and I smell a false story here.

Answer 3

I kind of agree with the 2nd answer. You shouldn't have to be arrested to set straight the fact that you are not the person in question.

Answer 4

Write your Governor, attorney general , U.S. reps, State reps and don't stop, something like that happened to a friend of mine and it took about 6 months, but it was fixed.