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If I was arrested, but not convicted, of a misdemeanor, is that on my permanent record?

Poway, CA |

After a domestic dispute in my apartment about three and a half years ago, the police showed up and asked my boyfriend and I who had been physical first. I was honest, and said it was me, as I had shoved him after finding he had been intoxicated. They took me into custody, and drove me to a detention facility (not jail), where I spent three days. After I was released, I found he had been arrested a few hours after I had for a DUI, and he was in jail. I went to court a month later, spent time with a public defender, and my case was thrown out, as it had been my first offense. My question is: Is my arrest on my permanent record? Mind you, I have gotten several calls for jury duty since that event, I am told they only choose people who haven't had any legal problems.

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Attorney answers 3


Your assumption about people with no legal problems being the exclusive persons to serve on a jury is wrong. No convicted felons that have not had their civil rights restored.

Next - it will show up on your record as an arrest not a conviction. Most employers or anyone for that matter cannot see your arrests. If your job requires a special license or you work for the government or a government sub-contractor - then your arrest will show up.

You can "seal" your record if you can show that you are factually innocent of the charges which you were arrested. The burden of proof is on you to prove that.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


It depends on what you call a record. When filling out an employment application you can answer no, I have not been convicted.

However, if an employer checks a system like livescan or is entitled to the Californina DOJ records, the arrest will show up. It is becoming more and more common.

If you want to call me at 619-233-6900 and give me the scenerio you are most worried about, we can talk about it.

Dan Smith

This information is given for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer. You have to find your own local lawyer to get legal advice and help with your problem.


There would be no public record of your arrest. However, there might be a court file reveiwable by the public if a case was filed, even though it was later dismissed. Nevertheless, since there was no conviction there is no criminal record. As for jury duty, an arrest doesn't disqualify you from sitting on a jury. If you can demonstrate that you're actually innocent of the charge, you may be able to have the police record of your arreest destroyed, but that's highly unlikely given the facts you listed in your question.

Daniel Martin Smith

Daniel Martin Smith


I cannot emphasize enough that our privacy is being further erroded every year. The fact still remains that services such as "live scan" are picking up and reporting "arrests" . I recently defended a nurse that could not get a job in a local hospital because of her arrest for theft. I tried the case and she was acquitted. However, she continued to express her frustration that I could not secure a "factual innocense" ruling. Which we all know is very difficult unless you can prove you were not even at the scene of the alleged crime. All the Best,Dan ---------- Original Message ----------