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My case was dismissed by the district attorney, I was released from court and no convictions were made, do I have a record?

City Of Industry, CA |
Filed under: Criminal defense

I got into a physical fight with my ex boyfriend. We were both arrested, both did not press charges and released from the court 3 days after our arrest. Do I have a record?
I have gone to school for business and plan to obtain a real estate license but fear the "domestic battery arrest" will pop up and It could affect my eligibility & employment opportunity if checked through a livescan background check.

Attorney Answers 3

Posted

You have a record of having been arrested, but not convicted of any crime. If you fear negative consequences, you can petition for a certificate of factual innocence. This will destroy the Record of your arrest altogether, if granted.

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Asker

Posted

What is the process to do this? I was a victim of domestic violence and when I attacked him I did it for protection. I don't want to re-open the case or press charges, we are separated and in great terms now. Just wanna clean up my arrest.

Anthony Michael Solis

Anthony Michael Solis

Posted

You would need to file a petition under CA Penal Code Section 851.8. First with the arresting agency. If they deny it (more likely they will ignore it) Then with the Court. It's a somewhat involved process and could be expensive. You'd really only do it if there was a reasonable likelihood that the mere arrest would affect you, or you have money to burn. I have won several of them--mostly for people going into law enforcement who really need the factual innocence determination.

Posted

You only have three years from the date of the arrest to petition for a finding of factual innocence. You must first petition the arresting agency, which the agency will summarily deny. Once the agency denies your request, you petition the court.

Good Luck,
Scotty

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Asker

Posted

Super helpful thank you! So I first petition to the police dept that arrested me, correct? Then after to the court, but do I do this myself or does an attorney do this for me?

Posted

You do not have a conviction but you have a record for "Arrest" and yes it will pop up everytime your record is checked. You can file for "factual innocence" but I can almost guarantee that it will be denies. I'm a former prosecutor and I NEVER saw a factual innocence motion be granted. Very very very hard to prove. You can only prove it, only if you had absolutely nothing to do with the case and you just said that both you and your ex boyfriend were in a physical fight. My advice is to try once but do not have high hopes because I'm almost certain that it will be denied. Sorry but just being totally honest with your question.

Having said this, I don't believe an arrest, without a conviction, will affect your eligibility in employment.

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