I was only arrested, never convicted, but a criminal offense is still on my record. What should I do?
Posted By Brian Andritch on Mar 8, 2011 3:13pm PST
Even if your case has been dismissed or no charges were ever filed against you, your arrest record, the minutes from your court hearings and your case disposition still exist as a public record until you take control and move to have those records sealed.
The benefit of sealing your arrest record is extensive since anyone with the ability to run a background check on you that included a rap sheet would be able to discover all of your prior criminal arrests. Moreover, prospective employers or educational institutions can search for your name at the courthouse or on certain government Web sites to try to find information regarding your criminal history.
An arrest record can be sealed if you were arrested and:
* No complaint was filed.
* The complaint filed was later dismissed.
* You were acquitted following a trial.
* You were found to be factually innocent.
To begin the process of sealing your arrest record you need to file of a request with the original arresting agency. If the arresting agency denies the petition a motion will have to be filed with the court in the county where the arrest occurred and your case will then be set for a hearing. At the hearing you have the burden of demonstrating your factual innocence. Once the motion is granted, the court will send the court order to seal your arrest record to the Department of Justice. After the Department of Justice has sealed and destroyed your records, it is as if the arrest never happened.