Found an issue on this page? Let us know and we will look into it as soon as possible.
If i was arrested but no Charges were filed will it show on my record? If so, how do i get this removed?
Anonymous4 views2 answers
I was arrested in 2010 on a Domestic Violence Issue. My husband had been physical with me and I pushed him, when i did he hit the wall and had a small cut. he called the police and I was arrested because "he was the one with the wound."
I was arrested and bailed out. i went to court and the judge called my name and said missing complaint, gave me my paperwork and i was on my way.
It has been over a year since this happened and I called the courthouse, and they informed me that there is nothing on my record because no charges were ever filed, however she said the arrest will always be there.
Can employers see an arrest when they do a background check? IS there any way to get this removed? I have no prior record.
Mr. Brinkmeier is NOT from California, but has given an answer. Ignore it.
Arrests do show up on your criminal history. Under California law, employers cannot inquire about arrests that do not lead to a conviction. It will stay on your record indefinitely, however unless you do something about it.
The only way to truly remove something from your record is by seeking a petition for factual innocence under Penal Code section 851.8. If granted, it's an order to the arresting agency to seal, then eventually destroy the record of arrest.
You must bear the burden of proving your innocence, however. You must also wait until after the statute of limitations has run out.
This is something you can discuss with a local criminal defense attorney - one actually licensed to practice here and not some random generic answer from an out of state attorney.
Arrests appear on your record. Sometimes this is called a "rap sheet".
What is on yours will answer the question about whether it may or may not be sealed or "removed" so see a local CA lawyer and get the process started.
