Criminal Law

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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. 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 to expunge an old arrest record?

If it was a misdemeanor that was never prosecuted and the time has passed allowing for prosecution, you can apply to have it expunged. If it 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.

How long will it take for an expunged record of a dismissed case removed from the BCI?

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 records.

How to find an Alabama misdemeanor arrest record of a minor?

Using the person’s fingerprints, one can look through the Alabama state records. Another option is to order your RAP sheet through 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. Take this to the local police department, then send an $18 money order, along with the fingerprint card, to the FBI to receive your RAPs.

What can one do when an arrest record is showing on background checks when the state has sent a letter stating they have no record?

Case Details: It was a felony arrest in Minnesota, plead to a misdemeanor charge, records were purged or lost in a flood.

The letter may not be enough to convince the prosecutor's office. Try obtaining a copy of the original plea/settlement. A judge will not sign off on misdemeanor charge when they don't have the original documents, or at least a copy of those original charges.

What can be done about an arrest record showing in the FBI records in spite of being removed in 1991?

Case Details: Misdemeanor arrest record was filed with the state and FBI. There was no conviction, 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. This should be enough evidence to prove that you have not lied on your application in the event an employer has questions about it. The FBI database can now reinstate records due to the laws changing, giving the FBI the ability to repost old charges.

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, don't hesitate to speak with an Expert in Criminal Law to find a solution to your individual situation.

 

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