Can I be denied my CPL on the basis of an arrest without conviction? 7 Answers as of April 11, 2013

I applied for my CPL having met all requirements and was denied about a few weeks later. The paper cited the reason for my denial was arrest for attempted felonious sexual assault. I was never tried, convicted or sentenced for this, should I go before the board and request an appeal?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
I would since anyone can be arrested for anything. Usually only convictions count.
Answer Applies to: Michigan
Replied: 4/11/2013
Law Office of Paul Carmouche | Paul J Carmouche
Did the DA dismiss the assault charge? If it is dismissed you need to have a lawyer file a motion to expunge the record. This way the arrest is removed from your record and should not come up in background checks.
Answer Applies to: Louisiana
Replied: 4/11/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
If the case, and complaint, is closed you should appeal the denial.
Answer Applies to: Michigan
Replied: 4/11/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
I have no way to know whether an appeal would accomplish anything as long as the arrest record exists and is available. You may, however, be able to seal the records relative to your arrest if you were never convicted or never entered a plea of guilty. This would not be quick but may be more effective for you.
Answer Applies to: Minnesota
Replied: 4/11/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
It sounds like you will have to, if they are reporting false information about you.
Answer Applies to: Nebraska
Replied: 4/11/2013
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