How to get an arrest expunged from law enforcement records?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption