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Will my arrest four yrs ago show in background check? Can it be deleted now? How?

Fremont, CA |

4 yrs ago I was 19, my girlfriend was 17. We have been dating for over a year at least. Her parents were strict, her dad came home and caught us. He got me arrested for statutory rape. I appeared in court as ordered, but found out that the DA did not file any charges. In talking to our lawyer, reason was that all things considered, and we have been dating for over a year, and have known each other from the same high school, he did not find enough grounds for statutory rape. Because my gf was under 18, records were sealed apparently. Will this show in background checks? How can or can it be removed?

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Attorney answers 3


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Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at


I agree with Mr. Dreissen. You can also talk with the attorney that represented you and ask him whether or not your record was affected.


You say you were arrested. If you were that arrest will go on your rap sheet and will not be removed unless you are successful in a petition for factual innocence. You need a lawyer to help you get this off your record.