Expungement

Question Details:

I payed a lawyer to petition the court in my behalf for expungement after a diversion/probation of a criminal mischief charge 4th degree. The court granted this over a year ago, and my lawyer said that everything was taken care of just like it never happened. I was browsing on the county jail site in my county and my mug shot and arrest record is on the computer. Should my lawyer have not contacted the arresting agency to take this off the site or do I need to do this?

Asked 10/29/2009 under Criminal Defense | 259 View(s) | More Legal Topics

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Criminal Defense Law Answers

It sounds as if your official court records were erased/expunged, but the arrest record was not.  This is not unusual.  The police and the courts keep different records.  Moreover, there are different burdens of proof for the police (probable cause) and the prosecutor (proof beyond a reasonable doubt).  In any event, once your charges are dismissed and expunged from the court system, the police will usually either return or destory your arrest record (fingerprints, mugshot, etc.), upon request and upon providing them with proof of the dismissal/expungement.  I suggest calling your attorney and discussing it with him.  He may offer to write a letter to the jail/police, or he may instruct you on a simple way to do it yourself.  Good luck.

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