SEALING ARREST RECORDS
Many people believe that if a criminal
case has been filed against them, and
later dismissed, or if they were arrested,
but no criminal case was ever filed
against them, then the arrest record
no longer exists. This is a myth. If
in the future, someone was able to
run a background check on you, that
included a rap sheet, they would be
able to discover all prior criminal
arrests. Furthermore, future employers
can search for your name at the court
house or on certain government websites
to try and find information regarding
your criminal history. Most criminal
cases are public information. The arrest
record, the minutes from court hearings,
the case disposition, etc... are still
around unless you move to have those
records sealed. The effect of sealing
an arrest record is extensive. The
entire public record can be sealed
and destroyed. It is as if the arrest
never occurred.
The knowledgeable and experienced
attorneys at WILL & WILL, LLP can
help you seal your arrest record, if
you were arrested and either:
- No complaint was filed;
- The complaint filed was later dismissed;
- You were acquitted following a
trial; or
- You were found to be factually
innocent.
The Process of Sealing your Criminal
Record
The sealing of an arrest record begins
with filing a request with the original
arresting agency. If the arresting
agency denies the petition, then a
motion is filed with the court in the
county where the arrest occurred, and
the matter is then set for hearing. At
the hearing, your WILL & WILL,
LLP attorney has the burden (on your
behalf) of demonstrating your factual
innocence. If the motion is granted,
the court will send the order to seal
your arrest record to the Department
of Justice. In turn, this will
also effectuate the destruction of
your finger prints, booking photo and
arrest report maintained by the arresting
agency. Once the records are
sealed and destroyed, it is as if the
arrest never happened. If you
are interested in a consultation regarding
your ability to seal a criminal arrest
record, call or fill out the online
contact form to speak with a lawyer
from WILL & WILL, LLP.
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