My wife had me arrested for drug problem (criminal mischief). I had an appointment to be admitted to Rehab. But did not want to go that day. Cop offered me a ride to Rehab. But when he arrested me he refused to take me to Rehab. Stating "too late now". In jail, I blacked-out while in "protective custody". I broke sprinkler system and flooded jail. Arrested 2 months later for the criminal mischief for flooding incident. Public defender got a misdemeanor for me with a criminal record. Contemplation for dismissal in previous case (same day 2 separate charges.) left me with a criminal record. I am seeking employment and do not want a criminal record. Family says jail was negligent. I should have been in Pysche Unit or restrained. Do I have any "tort" grounds? Can I at least have this record "sealed"? Thank you

Do you have any tort grounds? For what? Being blacked out in jail? No. You could have won a bazillion dollars had you died though (or your family would be the winners on this not you). There was a drunk in custody who died and the family sued and was awarded a bazillion dollars here in my county. That's why we're short a bunch of cops due to the budget problems in paying out for this drunk's untimely death in the jailhouse.

You will have to wait several years before you can have your record sealed on this matter as it's not just a quick thing to fix your immediate problem. Since this is a misdemeanor and not a felony you don't have to list on your job application if they only ask for felonies.