Anyone who is familiar with the legal system, can you answer me please?
This is not happening to me. I am asking because of different things that happened in our country and the world. I will call person 1 Justice and person 2 Storm.
If Justice gets arrested and charges are filed against Justice pertaining to a crime and it is discovered through thorough sleuthing, investigating, tests, etc. that Storm committed the crime, then does the government return all monies spent against Justice in the case such as bail, prison housing, etc. since it was proven that Justice was innocent and should never have been arrested in the first place? And would it be erased from any and all records since it should not have been there to begin with?
babyboomer10012017-07-03T15:06:54Z
Favorite Answer
Court records cannot be erased. A new record would be created with the new information and releasing Justice for a wrongful conviction. So, in effect, it would show that he was innocent. Usually, in this type of case, Justice would be given a large sum of money for the wrongful conviction, which would help him put his life back together. If he was partially involved in the crime, that would be taken into consideration. He'd likely get less money, perhaps none. Each case would be considered on an individual basis.
Bail money will be returned. There would be no other recourse unless negligence could be established, then Justice could file a lawsuit to recover damages.
The arrest would remain on record unless it was expunged, which is a possibility under this scenario.
Justice gets her bail money back. The history is not erased from any records, because that would be a denial of history. However, the records might be sealed, so that random people can't see them.
If the government had any decent reason at all ... even if it was later found to be wrong ... for arresting Justice, then she will not get anything else back, besides the bail money. It's only when the government knew at the time, that the reason for the arrest was wrong, that she would have a valid claim.
No, you would think that but no. The person will get released free to go home. No appolpogy nothing. Then they will have to PAY and petition the court to expunge the incorrect record. This is a lengthy process that requires you to file at the court, then fill out paperwork with the police, then get additional finger printing. Then file back at the court, pay a fee, wait for process, check up with them and then redo the whole thing 2 more times because they lost or misplaced your paper work. 2 years later you may have it resolved.