What can I do if dropped arrest charges are still showing on my criminal record? 7 Answers as of September 12, 2011

Arrest charges have been dropped for possetion of narcotics. Certificate was sent to me however it still shows on my record as an arrest, (per officer). He had suggested I get an attorney. This explains why I may have not received any on call contracts for work. Suggestions??

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If by criminal record you mean your automated criminal history maintained by the Department of Justice in Sacramento, an arrest cannot be removed once it is there. There is a procedure for petitioning the court for a declaration of factual innocence but there is a limitations period of doing so. I would contact an attorney to see if this is an option for you.
Answer Applies to: California
Replied: 9/12/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You need to be more specific. Icannot tell if you went to court and nothing was filed; had a case expunged; or you pled guilty and successfully completed a program. The mere fact of an arrest cannot be removed from your "record", absent a determination of factual innocence. See an attorney or that process.
Answer Applies to: California
Replied: 3/2/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Basically, nothing without substantial effort. Records are forever. That includes arrests and convictions. That is the whole point of keeping records. IF you file a motion and get a court decision and order that you were factually innocent and the arrest was an actual mistake, then you can seek to have the arrest record purged from the system. If that is the case, then feel free to contact me to discuss the cost and process of doing so.
Answer Applies to: California
Replied: 3/2/2011
Fitch Law Office
Fitch Law Office | Angeli R. Fitch
Hire a lawyer to get the record expunged.
Answer Applies to: California
Replied: 3/1/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
The problem is that a rap sheet always shows the arrest and then is supposed to show the disposition; ie dismissed in the interest of justice; convicted by guilty plea; etc. But often times if a case is dismissed the final result is not displayed, just the arrest itself. You could write to the Department of Justice in Sacramento sending them the certificate, and asking them to correct the CI&I records (rap sheet). Maybe they will or maybe they will not. If I knew more about why the case was dropped I could give you better advice. For example, if it was dropped because you had marijuana and had a medical recommendation and the amount you possessed was within the guidelines, then your arrest would have been illegal as the statute did not apply to you.

Because you were "legal" you had not committed a crime. In that situation you can apply for relief under Penal Code Sec. 851.8 which is a "finding of factual innosence" - you were innocent because what you did was not a crime. Bu if the case was dismissed because the search was illegal you cannot get that relief as you are not "factually innocent" - it is just that the cop screwed up. It is a very confusing area of the law. So if you want to discuss this more you can call me, Dennis, and perhaps I can give you a better understanding about a remedy when I learn why the case was dropped.
Answer Applies to: California
Replied: 3/1/2011
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