A criminal action was brought against my son. It was thrown out. Are there forms to get the arrest record removed that we can submit?

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A criminal action was brought against my son. It was thrown out. Are there forms to get the arrest record removed that we can submit?

We believe our son has a case for wrongful termination as a result of their actions. First things first we want to expunge the arrest.

Asked on June 24, 2009 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of California, the first question is what was the formal resolution of your son's charges being "thrown out"?  Unfortunately, "thrown out" is not a legal term and it may refer to several different potential resolutions, such as a dismissal, a nolle, or a not guilty verdict, for example.  The actually resolution may be determinative of if, and when, you can get the arrest record expunged.  In Connecticut, where I practice, one can request for the arresting police department to expunge their records 21 days following a dismissal.  If you are planning on attempting to bring a wrongful termination action, I suggest that you consult and/or retain an attorney licensed to practice law in California with respect to both this issue his potential claim.


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