About 4, 5 or 6 yrs ago there was a incident were I let a guy use my car to find a job, as time went on people started telling me that he was riding other people around drinking and selling drugs and I was like alright I’m working two jobs and I don’t want to lose my job because this guy is acting a fool, I have to get my car back…
So I tried to call him to tell him to return the vehicle and he came up with so lame excuse as to why he couldn’t so I knew he was at his girlfriends house at the time so me and a friend went to retrieve the vehicle.
So as the night went on and we were talking we thought about it and I remembered the guy still had the keys to the car, so I told him to meet me at The Des Moines Police Department which was supposed to be neutral place to meet and retrieve my car keys,
Well the lady that he was staying with supposedly bought car insurance for the vehicle that wasn’t even hers for starters and supposedly paid for work to be done on the car without my consent or knowledge which kind of pissed me off.
Basically he lied and told her it was his car and it wasn’t.
Well as he was getting ready to give me the keys to the vehicle she took the keys from him and told me that I’m going to pay her for the work and the battery that she put in that got damn car and I told her I ain’t paying for shit.
She never put any money in my hand so her issue in reality was with him.
Now the officer that was there at the time didn’t tell her to refrain from using foul language because the conversation had become heated by both of us but he told me to watch my language, go home and file a civil suit on them to get my car key back?
(Which to this day I felt was stupid as hell)
Well anyway we both leave out and I know that if they find my car they are going to run off with it
because the officer basically gave them the impression you have the key to the vehicle go right on ahead and take the car if you find it.
they still have the key, so I follow her and she calls the cops and tells them I’m harassing her over my key let me repeat this now my car key.
So the cops comes over removes me from my vehicle arrests me and by some grand ol mystery retrieves my car keys back from the lady?
When the more I think about this could have actually been done while we were standing inside the police station?
So I go before the judge tell him the same story as I am telling you now, he puts me on probation and tells me that he does not want to see me in his court again.
After probation, the judge sealed and expunged the case…
Which leads us to today, two weeks ago 6/1/10 I receive a phone call from an associate of mine telling me that I am on the Polk County Released Inmates portion of there website, I didn’t believe him because we have talked about this situation before so I thought he was just teasing me, so I couldn’t sleep one night because the whole situation was bothering and I decided to take a look on the website and I see my picture on there site, with the day I was arrested and no case number on file.
I was hurt, upset, disappointed, scared then terrified.
I’ve called the 5th Judicial Court District, to see if my case was still on file and they told me that they have no case on file, I’ve contacted my Senator, I’ve contacted the Governors Office, The Iowa Ombudsman, The US Supreme Court and countless others… just to have no resolution to this issue.
I called The Polk County Sheriff Department spoke with several different people in the department and was told it was an IT issue, I supposedly spoke with the person who is in the IT Department and nothing was resolved, spoke with a deputy and nothing was resolved.
Some I am at a point where I strongly feels as though nobody wants to resolve this.
I understand trouble is easy to get into and is hard as hell to get out of but I paid my fine and I did my time let me move on.
This incident was sealed and expunged and I feel as though my picture should be removed from there site because the arrest is no longer public record.
If anyone actually takes the time to read all of this and can be of any kind of help because nobody in my area seems to be willing to help and has any suggestions, I really could use some Legal help…
Sincerely,
Percy Smith
User story by Percy Smith in Iowa
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Hi Percy. That is a frustrating chain of events. It seems like the appropriate thing would be to return to court and ask the judge to issue order for the Sheriff to remove the content. Have you spoken to an attorney in your state about the issue?
Yes I have and it’s expunged…
But they will not remove it from the site…
I’ve emailed and talked to so many different people it’s ridiculous.
Yikes that sounds like a nightmare! Hope that you can get it resolved.
I HOPE SO TOO BECAUSE IT’S NERVING WHEN THE COURTS TELL YOU TO DO THIS AND YOU DO IT AND THE OTHER ENTITIES REFUSE TO ABIDE WITH THE LAW…