In 2009, CPS substantiated abuse in a case against me, so now I'm in a database of abusers. Here are the circumstances:

In 2009, I slapped my teenage son in the mouth with an open hand. The circumstances are that he was using drugs (marijuana), and my wife (at the time) called 911 because he was incoherent, going crazy, and banging his head against the ground. I was on a business trip when it occurred, and when I returned, I confronted my son about it, and he basically told me to F off. I slapped him in the mouth 3 times, and his lips were red. He ran away to a friend's house, and his mom called CPS, which started an investigation.

I was visited by 2 Sheriff's deputies (two different times). I was not arrested, and they assured me that I did the right thing and that more parents need to do the same, especially when it comes to drugs. When I spoke to the CPS person, she told me that she can tell that my son was in no danger but that I admitted to slapping him, so the 'abuse was substantiated.' I then received a letter stating the same and that I would be in some California database.

My son's mother and I have since divorced, and the court awarded me with full physical custody and shared legal custody of both our children. This CPS case DID come up in my custody trial, but apparently did not carry much weight since I am now the custodial parent of both my children (17 & 9). My questions are:

How long will I be in this database for?
Is it possible to be removed from this database and this record expunged?
What do I need to do to move forward?

I live in California. Thank you.

I do not see a means for expunging this from your record. It's an investigation, not a criminal charge (if I am reading you correctly) so there is nothing to expunge.

To move forward you need to stay out of trouble (which you apparently have done). If this was not an issue during a contested custody hearing, why is it an issue for you now? I appreciate the need for a "clean" record, of course.

Yeah... thanks. But I was more interested in the possibility of being removed from the database. I was a youth sports coach for years, and parents in the community are asking me back (I quit coaching after the incident). Also, I am not able to volunteer at either of my children's schools, and I would very much like to.

I do not know how it is decided in Cali.But you can try this:
California :: Free Criminal Record Clearing and Expungement Information

Quote:

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Originally Posted by 1800proof

yeah... thanks. But I was more interested in the possibility of being removed from the database. I was a youth sports coach for years, and parents in the community are asking me back (I quit coaching after the incident). Also, I am not able to volunteer at either of my children's schools, and I would very much like to.

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You were placed on the database as a result of an investigation, not a charge. You were not found guilty in Court; an investigation found you guilty. I cannot find anything that indicates you can be removed from the databased under this circumstance.

Thank you both for replying. It is much appreciated. What type of lawyer should I be contacting? My Divorce lawyer recommended that I find another lawyer, but she did not mention the specialty that would best benefit my situation.

I'd consult with a criminal Attorney.