If I was arrested 2 years ago, released on bail and never asked to go to court, can I have my arrest sealed?

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If I was arrested 2 years ago, released on bail and never asked to go to court, can I have my arrest sealed?

I was arrested; I was accused of taking a picture under a skirt. There were no pictures to prove a crime occurred. It has been nearly 2 years. Will asking to have my arrest “sealed” alert the DA to file charges?

Asked on March 22, 2012 under Criminal Law, California

Answers:

Maury Beaulier / Minnesota Lawyers.com

Answered 9 years ago | Contributor

The Statute of Limitations for even a misdemeanor is, at a minimum, three years.  By seeking to have your file returned or sealed, it may reactivate an investigation where it is is still possible for charges to be filed.  I would as=dvise against any  actin at this time.  

 

For a consultation call 612.240.8005. 

John T. Nejedly / Law Offices of John T. Nejedly

Answered 9 years ago | Contributor

The statute of limitations to file charges would have expired in 12 monthes. You should call the court or go online to the proper county of jurisdiction and see if yo. u have been charged or have a warrant out for your arrest. As mentioned above, Since you had a bail bond, the bail bondsman would have contacted you if you missed court.

You can have the charges removed from your record by applying to the court for an expingment.

David Galison / The Law Office of David Galison

Answered 9 years ago | Contributor

If you were arraigned by a Judge in NY and bail was set a court date should have been provided to you at the arraignment. There are time limits in which the case must proceed to trial and if the time has expired then you should have the case dismissed. If you failed to return to court when you were directed to the bail was probably lost and a warrant issued for your arrest. Additionally, if you failed to appear as directed the time limits for the case to go to trial could be extended. If this case is on Long Island I would be happy to talk with you about it. 4477. 

Benjamin Urbelis / Law Offices of Benjamin P. Urbelis, LLC

Answered 9 years ago | Contributor

It may be possible to have this record sealed. However, if you were released on bail, chances are that charges were filed. There may be a warrant for your arrest. You should speak with an attorney to help clear up this matter. 

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Your best bet would be to contact your local court to be sure that no charges were filed and that no outstanding warrants have been issued. If after two years, you find that no charges or warrants have issued, my advice is to contact a criminal defense attorney in your area to determine your options in having your arrest record erased. 


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