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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 27019
Experience:  16 yrs. of experience including criminal law.
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CAN I REMOVE AN ARREST FROM RECORD

Customer Question

I WAS CONVICTED OF DOMESTIC VIOLENCE IN 2001. MY WIFE AND I HAVE BEEN MARRIED FOR 11 YEARS, TOGETHER FOR 13, THIS IS THE ONLY PROBLEM WE HAVE EVER HAD. I USED A COURT APPIONTED ATTORNEY FOR THIS CASE WHO DID NOT INFORM ME THAT MY CIVIL RIGHTS WERE IN JEOPRADY. SO I WENT AHEAD AND PLEADED GUILTY. SINCE THEN THE POLICE DEPT. HAS INFORMED ME THAT THEY FOUND ONE OF MY STOLLEN GUNS AND I NEED TO GET IT OR IT WILL BE DESTROYED. I HAVE FILLED WITH THE COURT TO MISMISS THE CASE AND THEY HAVE. I ALSO FILLED AN APPEAL WITH NICS TO GET MY RIGHTS BACK. THEY ARE SAYING THAT I CAN NOT HAVE MY GUN BACK BECAUSE THE ARREST IS STILL ON RECORD. SO MY QUESTION IS CAN I GET THAT TAKEN OFF THE RECORD OR CLOSED, SO THAT I CAN RETRIVE MY PROPERTY? AND HOW TO GO ABOUT IT?
THANK YOU,
RON
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.

You can attempt to have this charged expunged from your record. I have attached a link from the California Courts, which is a self-help guide, to expunge your record. This will take you through the process, step by step and save you money in the process, instead of hiring an attorney to do it.

 

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

Customer: replied 5 years ago.
UNFORTUNATELY THIS DOES NOT ANSWER MY QUESTION. I HAVE ALREADY FILLED FOR DISMISSAL. THE COURT GRANTED IT. I HAVE ALSO FILLED AN APPEAL WITH NICS. NICS IS SAYING THE ARREST IS STILL ON RECORD SO THEY CAN NOT CLEAR ME.
I NEED TO KNOW IF AND TO CLEAR THE ARREST, TO SATISFY NICS.
THANK YOU
RON
Customer: replied 5 years ago.
UNFORTUNATELY THIS DOES NOT ANSWER MY QUESTION. I HAVE ALREADY FILLED FOR DISMISSAL. THE COURT GRANTED IT. I HAVE ALSO FILLED AN APPEAL WITH NICS. NICS IS SAYING THE ARREST IS STILL ON RECORD SO THEY CAN NOT CLEAR ME. I NEED TO KNOW IF AND TO CLEAR THE ARREST, TO SATISFY NICS. THANK YOU RON
Expert:  P. Simmons replied 5 years ago.
Hi, I am happy to try and assist

Can you verify that the arrest was through NCIS? Were you active duty military at the time? What happened after the arrest...where you ever charged or tried?
Customer: replied 5 years ago.
MY ARREST WAS THROUGH SAN BERNADINO COUNTY SHERRIF'S DEPT. FOR DOMESTIC VIOLENCE. THE ONLY TIME IN MY LIFE. I WAS NOT MILITARY.
NICS IS THE FBI DEPTARTMENT THAT HAS THE ABILITY TO CLEAR ME OF THESE CHARGES. THEY ARE SAYING THAT BECAUSE THIS ARREST IS STILLON RECORD THEY CAN NOT CLEAR ME. I HAVE NOE CHARGES CURRENTLY AND HAVE NOT HAD ANY SINCE. I HAVE GOTTEN IT DISMISSED AT THE COURT BUT THE ARREST AT SAN BERNARDINO,CA IS STILL SHOWING. IS THERE ANY WAY TO CLOSE OR REMOVE THE ARREST FROM RECORD?
Expert:  P. Simmons replied 5 years ago.
Yes

NCIS is part of the department of the Navy

Here is their regulation on this matter

http://www.combatindex.com/mil_docs/pdf/secnav/5500/5580-1.pdf

As you can see, they will only expunge when the FBI authorizes. To get this, you will need the state to send an expunge order to the FBI. SO you will first apply to the state to expunge, and then forward that to the FBI



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P. Simmons
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16 yrs. of experience including criminal law.