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.
