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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23523
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can an arrest record be removed from my record if there is no confiction, not even a court

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Can an arrest record be removed from my record if there is no confiction, not even a court appearance. The charges were dropped by the DA. The arreast was for battery on spouse/partner.
Helllo,

California does have a process by which you can try to get your arrest record removed under certain very narrow circumstances. It is not something you should do for yourself because both the police and the court will have to be petitioned, and generally the state will contest the removal. So it can get rather complicated. It is possible to get removal granted but it is not easy. See link to statute.

Based on your facts, you would appear to be eligible to apply as you were arrested but your case was either never filed with the court or was dismissed in court before your court date. You need to petition within 2 years of your arrest unless you have good cause to seek an extension.

There are lawyers who specialize in this sort of thing. You could contact the California State Bar Association's Lawyer Referral Service and they should be able to refer you to one. They charge a fee of about $50 which includes a half hour consultation with a lawyer.

Good luck!!
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