What type of Motion needs to be filed to dismiss a case where your record shows erroneously you committed a crime (and arrested and have a warrant) based on an alias on your record? My uncle's record shows he has a warrant out and has been given notice to appear in Court on an arrest that was not his. The name shown on the paperwork is his AND that of an alias that he has never used but nonetheless shows up on his record. He cannot afford an attorney, but can pay a legal document assistant. This is in California (Los Angeles and Orange County).

Also, how can he get this alias striken from his record and NCIc?
**He has been detained and questioned at Tijuana Border Xing for 5 hours because of this mistake? Can he file a police report for ID theft?

Hello again, lady:

He doesn't need a motion. He needs to show up and prove that he's NOT the guy they're looking for. That should NOT be hard to do.

excon

Excon,

Thank you for your many relpies to all 3 questions. What, in your opinion, would serve best as proof he is not the same person?

Can he request fingerprint copies from the arrest of the alias in order to compare the two sets and prove they are not his?

Or how can he get a copy of the arrest report from the alias and/or mug shot of that person?

Or what proof would you offer if the DL and SS# are the same (id theft)?