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How can I have sealed or expunged an arrest record?

Laguna Beach, CA |

I was recently arrested for alleged Domestic Violence. The DA did not file charges at this time, as to the fact that there wasn't enough evidence to suggest a crime was committed just a fight between husband and wife. The social worker came out and found that our kids were very well adjusted and that no harm had come to them and she said she was closing the case and striking from the arrest document that child neglect or abuse had occurred. "that's ridiculous" these were the social workers own words as she could clearly see no bruises on our children and also how smart, happy and well adjusted they were. This has been a complete nightmare for me and my family and I just need to clear my name and seal the arrest record or mugshot, as I am a respected teacher and businessman in the communit

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Attorney answers 4

Best Answer
Posted

To add some information... If the arrest does show on your record, and charges aren't filed, this would be the right kind of case to file for a motion to seal and destroy arrest the arrest record. I recommend having an experienced lawyer do that for you.

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Posted

You may want to go back to the police department that arrested you and ask for a certificate to show this was just a detention and not an arrest. The only way you can have your record cleared is to prove you were "factually innocent" of the charges and the police had no probable cause to arrest you. This is difficult to accomplish, so you may want to consult with one of us on AVVO who do criminal defense work.

Posted

Mr. Rosenblum is correct. There is a time limit both for you to file for a declaration of factual innocence and the DA to reconsider and actually file charges

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Posted

There is a balancing that must be done. The statute of limitations for this matter is likely 1 year. The time frame to remove the arrest is three years. So my suggestion is to consult an attorney to determine how these numbers pertain specifically to your issue. Good luck.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.