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Arrest Record Questions

Arrest records are public criminal records with every infraction committed listed. This means any plea bargains, dismissed charges or other judicial compromises. This also means every time a person makes contact with law enforcement in an unlawful manner, the occurrence is listed on their arrest record. Public intoxication, jay walking, hot checks, speeding; they are all listed. This is a helpful tool used by many employers who wish to see how a person conducts themselves in society. Below are a few of the more commonly asked questions about arrest records.

How do I get old arrest record expunged?

If your misdemeanor was never prosecuted and the time has passed allowing for prosecution, you can apply to have the misdemeanor expunged. If your misdemeanor has be prosecuted but dismissed, quashed or acquitted, you can also apply for the record to be expunged. However driving under the influence of alcohol or drugs does not qualify for expungement. In order to have a record expunged, you need to file for expungement in the court where the crime was prosecuted, or a district court within the parish of your arrest. Sexual assault of a minor is a felony that cannot be expunged.

I had my record expunged and the case was dismissed. How long does it take to get off my BCI?

Case Details: I am a coach; will this ever be off my record?

Usually this can take up to six months to be uploaded into the databases. This is going to depend on how heavy the backlog is. Once your expungement has been signed, it will be sent to the agencies that maintain these types of records. As for your record, yes, it should be off of your record once the records have been destroyed. Like I mentioned, it may take several months to complete. Check back in three months to see if the record is gone, if it isn't, you can check back again in another three months.

How can I find a copy of my arrest record for Alabama?

Case Details: I had a misdemeanor charge on my arrest record but am having trouble finding it. I think there is a seal on it because I was a minor.

If the misdemeanor took place in Alabama, you can look for your record through the state of Alabama, and this would be done by using your finger prints. Another option is to order your RAP sheet through the FBI online. When you go through the FBI, you will have access to your federal record which covers all 50 states. This is usually where any government agency goes to review your records. If you want an inexpensive way to gain your records, you can go through the FBI background check site. When you request your records, the site will send you a fingerprint card that you will take somewhere to get your prints done. Sometimes you can go to your local police department to get the fingerprints put on the card. Once you have the fingerprints on the card, you will need to send an $18 money order, along with the fingerprint card, to the FBI, you will receive your RAPs.

How can I have an arrest record removed if it keeps coming up in employment background checks but the state claims to have no record on me?

Case Details: I have a felony arrest record in the state of Minnesota in 1982. I was not convicted, but plead to a lesser charge, a misdemeanor. I have a letter from the State claiming they have no record on me; records have been purged or lost in a flood. 

Natural disasters are the cause of many lost records. Either a court house floods or burns and all records that are kept in the court house are lost if there is not back up plan. The letter that you have may not be enough to convince the prosecutor's office. If it is at all possible to find something more that may help your cause, things may go easier for you. Perhaps if you have a copy of the original plead/settlement. You will find that a judge isn't going to sign off on misdemeanor charge when they don't have the original documents before them, or at least a copy of those original charges.

What can I do about an arrest record that keeps showing in the FBI records in spite of bring removed in 1991?

Case Details: Misdemeanor arrest record was filed with the state and FBI. There was no conviction and the case was dismissed. The record was removed from state's record in 1978 and at the FBI level in 1991.

In a situation like this, about all you can do is keep a copy of your state's record showing that your charges were expunged. The FBI database can now reinstate records due to the laws changing, giving the FBI the ability to repost old charges. So, just keep the state court order that expunged your record, this should be enough evidence to prove that you haven't lied on your application in the event an employer has questions about it.

An arrest record is a compiled list of every mishap a person has had with law enforcement. If you have issues with your arrest record or are facing serious issues with your arrest record, don't hesitate to speak with an Expert in Criminal Law to find a solution to your individual situation.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2384
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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6 Criminal Lawyers are Online Now

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