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Virginia Beach judge grants expungement in case of woman arrested on warrant meant for suspect with same name

Jacqueline A. Smith persists in a push to clear her name, after a mix-up landed her in jail for a crime she did not commit.

VIRGINIA BEACH, Va. — A military spouse's quest to clear her name carries on in court.

A Virginia Beach judge granted expungement on Tuesday morning, effectively erasing the record of the February arrest of Jacqueline A. Smith.

Police officers took Jacqueline A. Smith into custody over an outstanding warrant meant for someone named Jacqueline R. Smith. 

Jacqueline A. Smith, who now lives in Florida, continues to deal with the aftermath of a traffic stop at Joint Expeditionary Base Little Creek-Fort Story back in February. 

"I just don't feel comfortable being in Virginia Beach," said Jacqueline A. Smith. "It's definitely taking a toll. It's taking away from my family, my responsibilities as a wife and a business owner. Just traveling back and forth. It's really just exhausting."

Police officers linked Jacqueline A. Smith to an outstanding warrant for Jacqueline R. Smith suspected of aggravated assault in Baltimore County, Maryland.

In an interview with 13News Now in February, Jacqueline A. Smith recounted telling police she has no history or addresses in Baltimore. 

Seven weeks post-partum, she spent some time behind bars over the charge filed against the other Jacqueline Smith.

An internal investigation by the Virginia Beach Police Department (VBPD) released in early March found no wrongdoing among its officers, indicating authorities in Baltimore may have potentially signed a warrant on the wrong person.

"This specific return from [FBI’s National Crime Information Center] on the SSN that Ms. Smith provided identifies her as Jacqueline R. Smith, with an alias of Jacqueline A. Smith," VBPD's statement read in part. 

"I don't like that they were trying to make this an alias. This was not an alias. This was a complete mistaken identity. Two completely persons with information that was available to law enforcement that would've distinguished them much sooner," said Jacqueline A. Smith's attorney Niki Bailey.

The same March statement from VBPD also described how Smith's fingerprints matched with the fingerprints of the person wanted, adding they were born on the same month and day but not the year.

"To me, I respectfully submit that more work and more research would've resolved this issue much sooner," said Bailey.  

Days after Smith's arrest and release in February, a judge dismissed a warrant for extradition.

Then on Tuesday morning, another judge granted expungement — clearing the February arrest from Jacqueline A. Smith's record.

"The court assured us that all of the prior fingerprint cards will be destroyed," said Bailey, who expressed concerns about her client's fingerprints continuing to be tacked under Jacqueline R. Smith. "The new fingerprint card with Jacqueline [A. Smith]'s correct information will be the one that's put in the national database."

Moving forward, Jacqueline A. Smith seeks accountability, as no law enforcement official has come forward admitting to the mix-up. She hopes her experience can forge change. 

"It's unfortunate. But again, I hope that my experience doesn't just stop here, that somehow Virginia Beach does look at their policies and procedures on how they're identifying people," she said. 

13News Now reached out to the Baltimore Police Department's media relations team for an updated statement on Tuesday. We are awaiting a response. 

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