How can I get the arrest erased from my record? 6 Answers as of July 06, 2012

I was arrested on 03/25/03 and charged with one count of battery in Salinas, CA. The case was rejected due to insufficient evidence. I had a FBI background check completed and the arrest was listed. I went to the court and could not get information on the arrest. I keep seeing that this usually has to be completed within two years or the arrest, is there any way around that? Thank you.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
By a proper Motion to that court supported by good cause for a finding of factual innocence and sealing/destruction of the arrest record. You will have to somehow convince the court there was NO probable cause or legal or factual basis to believe you had committed a crime, which is different than simply not enough evidence to pursue the charges to trial. If so, then feel free to contact me to discuss the facts and costs of doing this.
Answer Applies to: California
Replied: 7/6/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There is no way to get it "off your record" since there is no conviction and the event itself cannot be erased. You can look into a petition for factual innocence through an experienced certified criminal law specialist though I fear as you note that you have waited too long since your 2003 arrest.
Answer Applies to: California
Replied: 7/6/2012
Universal Law Group, Inc. | Francis John Cowhig
To my knowledge there is no way around the 2 yr limitation. However, you can go the criminal clerk's office at the courthouse that has jurisdiction over where you were arrested and ask for a letter showing that there was no record of a criminal filing or proceedings.
Answer Applies to: California
Replied: 7/6/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
No, you can't expunge an arrest. You can only erase a conviction (which you don't have).
Answer Applies to: California
Replied: 7/6/2012
Kevin Little
Kevin Little | Kevin Little
Under Penal Code 851.8 you can get a record of an arrest expunged at any time after your case is dismissed, but it has to be based on either the agreement of the law enforcement agency that arrested you and the DA who prosecuted you, or a court finding that you were actually innocent of the crime charged. The two year time period mentioned is most likely the time to sue in civil court, but that does not seem relevant to your situation.
Answer Applies to: California
Replied: 7/6/2012
    Steven Alpers | Steven Alpers
    Unfortunately no. The law gives you two years to ask for a finding of innocence. Normally, a charge this old which was not filed would not be an issue with you obtaining a job or othe benefit.
    Answer Applies to: California
    Replied: 7/6/2012
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