Sealing & Destroying Arrest Record
If you were arrested and no charges were ever filed, you may be able to seal and destroy your arrest record. A record of your arrest will show on your criminal record despite ever having charges filed against you. This also applies to being cited for committing a crime but not actually getting arrested. Therefore, it is important to seal and destroy this record because potential employers can see it.
It is common for law enforcement to cite you for a crime you did not commit and the prosecutors are forced to not file charges based on lack of evidence. Unfortunately, the arrest will still show up on your record and a potential employer may question you about it.
To seal and destroy an arrest record, there is a specific process the law requires you to take. You must first make a specific request to the arresting agency to have your record sealed and destroyed. The law enforcement agency will have the option of granting or denying your request. No answer after 60 days by the agency will be deemed as a denial. After a denial is made by the law enforcement agency, you then have the opportunity to submit a factual innocence motion to the court. If granted, your arrest record will be sealed for up to three years from the date of the arrest and subsequently destroyed.
A factual innocence motion does not apply to infractions.
If you think you need to seal and destroy an arrest record, call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714)248-3626. I can help you clean your criminal record.