How to get an arrest expunged from law enforcement records?
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How to get an arrest expunged from law enforcement records?
I was arrested 8 months ago for a DUI. Retained an attorney who says DA is not filing charges. But from other answers here, appears that arrest expungement only relates to non-law-enforcement folks doing a background check. Paranoid now that if I get stopped for something silly like a bum taillight, a cop can pull up the DUI arrest and Ill put through the wringer again because they’ll automatically presume the worst. So, is it impossible to remove the arrest from law enforcement’s records?
Asked on January 19, 2012 under Criminal Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of this country, just because a person has been arrested for a crime does not mean he or she is guilty of it. Rather, the presumption is that one is innocent until proven guilty.
In your situation, you were only arrested. You make no mention of being convicted of the DUI charge. Since there has been no conviction, there is nothing legally for you to expunge at this time. If there is no arrest warrant for you, then there is nothing to be concerned about.
One possibility is that if you are concerned about the arrest record but no conviction is for you to consult with a criminal defense attorney about filing a motion to seal your file since there was no conviction.
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