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Is it possible to use Criminal or Civil Libel statutes to remove a false arrest report.?
Colorado.
My state has a criminal libel statute CRS 18-13-105 as well as civil libel statutes. Can I use these laws to have a police department remove a arrest report that is falsely stating that I was arrested for domestic violence. This was not a domestic violence case but protection order involving a neighbor of all things over parking. Since there was a heated exchange at one point the neighbor got a protection order not to park on the street adjacent to his house. The order was a little vague and the neighbor got the police to arrest me for violating the protection order for parking my truck a block away from his house, (Wrong side of the street.), Sending Civil Court papers to his house, (The address I was instructed to send the paper work to in the protection order.), and not recognizing he was there when I was talking to the records clerk at the police department (He came in behind me).
All the charges were dismissed after I filed a motion in court that all the arrests were improper since the protective order was never violated. Officially the DA dismissed the case without acknowledging my motion but my motion was never contested.
Back ground on this is I have a developmental disability a mild form of autism called Aspergers. The disability tends to produce quarks, I emotionally swing and have learning disabilities (Also problems recognizing people and social clues.) which makes it hard for me to work regular jobs and sometimes makes some people suspicious of me. I make my living fixing and repairing cars as a mobile mechanic. I have had run ins with the police in the past and cost the city $1/2 million when I filed a corruption complaint against a judge in a junk vehicle case. This particular neighbor with the protection order had been filing city code violation complaints against me to try to force me out of the community. The restraining order was part of this program as well as the police response.
The neighbor has moved away but the police department continues to publish on the State's Public Reporting Site (CBI) that I was arrested for; three domestic violence violations; even though the violations were not even domestic violence. (I found out about these publications when a dating site refused to list me because of my history of domestic violence.) The police department is refusing to remove these publications even though they can with a simple letter to the state reporting agency. The state has a very long and expensive process for sealing records even when you are found innocent of the charges. It takes over a year to go though the sealing process and requires public posting of your sealing request and court hearings. Attorneys charge over $3,500 or more to go though the process. I don't have that kind of money.
What I would like to do is get an injunction to stop the public posting of the domestic violence arrest allegations. Is it possible to use my states criminal libel statute CRS 18-13-105 or the Civil Libel statutes to do this? Could I do this in County Court where I know how to file a civil claim and request and injunction? Do it you self information would also be useful.
1 Answer
- CalifrichLv 61 decade agoFavorite Answer
This is complex. Even if you don't have $3,500, you should at least do a free consultation with an attorney.