Is there a record of an arrest without a charge? 16 Answers as of July 08, 2013

I was arrested for being drunk and disorderly, detained but not charged. Are any records kept?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
There is a record kept of the arrest which is usually deemed a detention only pursuant to Penal Code section 849b if no charges are brought. You might want to check with the jail to obtain a statement to that effect.
Answer Applies to: California
Replied: 1/14/2012
Law Office of Daniel K Martin
Law Office of Daniel K Martin | Daniel K Martin
There will be a record of the arrest that police can see if they stop you in the future. However potential employers will not be able to see any evidence of the arrest.
Answer Applies to: California
Replied: 1/13/2012
Attorney at Law | Dorinda Ohnstad
Depends on whether the officer created a report or not. You would have to check with the law enforcement department who detained you. However, if they detained you and determined there was nothing to pursue there is a chance that no report was generated and therefore no record.
Answer Applies to: California
Replied: 1/13/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Yes. There is likely an arrest record. You can hire an attorney to seal arrest records on your behalf.
Answer Applies to: California
Replied: 1/13/2012
Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
Usually did they take your picture?
Answer Applies to: Illinois
Replied: 7/8/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, but you don't have to worry about it, because employers and schools only see "convictions," and not mere arrests. Only the FBI, DOJ...etc. will see your entire record. Unless you are trying to run for public office soon, I wouldn't worry about it.
    Answer Applies to: California
    Replied: 1/13/2012
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Yes. All arrests are logged and kept in databases such as with the California Department of Justice and the Federal Department of Justice.
    Answer Applies to: California
    Replied: 1/13/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes but the record will say,"case dismissed - no prosecution" or something like that. One way to find out for sure is togo to a police station and tell them you want your C.I.& I. rap sheet. They willfingerprint you and charge you something - the last time I checked it was about $115 though I am sure ithas gone up since then.
    Answer Applies to: California
    Replied: 1/13/2012
    The Hashemi Law Firm | Babak Hashemi, Esq.
    Yes, all arrests in California are recorded. However, an arrest record can be sealed by applying to the proper court. Upon finding of a factual innocence the arrest record can be sealed.
    Answer Applies to: California
    Replied: 1/13/2012
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Yes. Records are kept of an arrest and it will show up on your record. The DA has one year to file a misdemeanor case against you. After that point, if nothing is filed, you have the option of filing a Petition to Seal and Destroy the Arrest Record.
    Answer Applies to: California
    Replied: 1/13/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Usually your record will show that there was an arrest even if there was not a conviction. It may be possible to get your arrest record sealed.
    Answer Applies to: California
    Replied: 1/13/2012
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    There would be a file at the police department that arrested you. You can move to seal that record.
    Answer Applies to: California
    Replied: 1/13/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    Usually, yes. But I doubt that it would be picked up by any cursory records check.
    Answer Applies to: California
    Replied: 1/13/2012
    Law Office of Anthony Sessa
    Law Office of Anthony Sessa | Anthony Sessa
    Yes. Your record of arrest will remain in the system and used by law enforcement against you for the rest of your life, unless an attorney prepares and files a special motion to destroy the record, permanently.
    Answer Applies to: California
    Replied: 1/13/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Yes. The arrest will show up on your criminal history. If they deemed it a detention only and not an arrest, the record should reflect that. You can get your own criminal history from the Department of Justice (DOJ) to see what shows. If there is an arrest or detention on there and you think it's inaccurate, you can dispute it - or you can talk to a local criminal defense attorney about the possibility of filing a petition to seal and destroy the arrest record under Penal Code section 851.8 if you're found to be factually innocent.
    Answer Applies to: California
    Replied: 1/12/2012
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    You bet they are. If you were booked and finger printed, you now have an arrest record. The only way to seal this is to file for a factual innocence.
    Answer Applies to: California
    Replied: 1/12/2012
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