Can I get my arrest record expunged? 8 Answers as of April 29, 2011

In 2002 I was convicted of a misdemeanor. I payed the fine and completed 1 year of probation. I waited a while, but finally had it expunged in 2007. On a background check, depending on how thorough it is, will the arrest record for it show up? If the arrest shows up even after having the misdemeanor expunged, is it possible to have the arrest record expunged also?

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Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Expungment is limited. It only covers private employers not governmental employers or for licenses or anything issued by a governmental entity. Arrest records cannot be expunged.
Answer Applies to: California
Replied: 4/25/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
The record of your arrest will always continue to appear on your automated criminal history and in the court records and there is no way to have it removed even if you had filed a petition for factual innocence granted which is very difficult to obtain. Since it is unlawful to use a dismissed case to discriminate against you for employment purposes most employers even if they discover it in a "background check", whatever that consists of in an individual case, wouldn't consider it. If they do you should consult an attorney specializing in employment matter on behalf of workers.
Answer Applies to: California
Replied: 4/25/2011
California Criminal Defense Center
California Criminal Defense Center | Ardalon Fakhimi
Typically, arrest records are expunged if a court makes a finding of factual innocence. This is often difficult to achieve, especially if there was a conviction followed by an expungement. If you would like more information about your options, please contact our office for a free consultation.
Answer Applies to: California
Replied: 4/22/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Maybe. Many felony, misdemeanor and infraction convictions [including DUI] can sometimes be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answer Applies to: California
Replied: 4/22/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
cannot get the arrest record expunged unless the courtmakes a "finding of factual innocense". Otherwise you are stuck with the expungment. What the recordthen shows is like this: March 4, 2002 arrested for PC
Answer Applies to: California
Replied: 4/22/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, the arrest itself cannot be expunged.
    Answer Applies to: California
    Replied: 4/22/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It is not possible to expunge an arrest. And yes, it is possible for a someone to find the arrest. However, it is extremely unlikely. Really only law enforcement or perhaps the federal government would have access to a data base that gave that info.
    Answer Applies to: California
    Replied: 4/22/2011
    Goodman, Dicus, and Teinert, LLP
    Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
    After an expungement has been completed a background check with show the charge as dismissed pursuant to 1203.4. Currently there is no remedy for removing the dismissal completely from the record. However, by having your record expunged, you can legally state that you have never been convicted of that crime.
    Answer Applies to: California
    Replied: 4/29/2011
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