Can you get an arrest expunged if the DA declined to file charges?

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Can you get an arrest expunged if the DA declined to file charges?

The arrest was last year for domestic violence. Do I qualify with California PC 851.8 or PC 849.5?

Asked on May 19, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are asking for guidance an interpretation for specific statutes and for that you need to ask an attorney in your area.  But the way that you phrased the question it appears that you were only arrested and not charged or convicted of any crime.  And generally speaking then you should be entitled to an expungement of the arrest record in just about every state.  I am sure that there are probably forms that you can get on line and through the court system in the county in California in which you live.  Even if you find them from a different county they may be able to be modified as most forms are similar in nature as they have to comply with state statutes.  Good luck to you.


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