How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26863
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

Can an arrest record be removed from my record if there is no confiction, not even a court

This answer was rated:

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.

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!!
Zoey_ JD and 4 other Criminal Law Specialists are ready to help you