Question
Do I still have a record if no charges were filed?
I was arrested for assault a few months ago after a fight at a night club. I think that the DA rejected my case and dropped the charges. Will the arrest show up on my record even though no charges were filed?LawQA.com Answer Library
Answered By: Law Office of Eric Sterkenburg
The DA may still file charges. The statue of limitations has not run out on your case. If no charges are filed it will show up on your record as an arrest that was not filed. If asked on a employment application if you had ever been arrested for a felony you can say no as you could have been charged with a misdemeanor.
Answer Applies to: California
Replied: 8/31/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/31/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Joe Dane
If you are asking if you have a conviction or anything else on your record that you have to disclose in employment applications, etc., the answer is no.
If you are asking if anything will show up on a background check, that depends. Under California law, an arrest that did not lead to a conviction cannot be used against you in hiring and/or promotion decisions. Background check companies are supposed to not report these to employers, nor are you required to disclose them (except a few limited circumstances, such as applying to be a peace officer or in other limited situations).
The entry will always be on your criminal history, however. The fact that you were arrested will be an entry on your rap sheet that law enforcement and the prosecution can see, should you get in trouble in the future.
The only way to erase this entry is by having a petition for factual innocence (Penal Code section 851.8) granted. If a court determines that no probable cause exists for the arrest, they will issue an order directing the police and Department Of Justice to erase the entry and destroy the records of your arrest. That is the only way to get things truly "off" your record. You may want to discuss the particulars with a local criminal defense attorney if you are interested in pursuing this.
Answer Applies to: California
Replied: 8/31/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
If you are asking if anything will show up on a background check, that depends. Under California law, an arrest that did not lead to a conviction cannot be used against you in hiring and/or promotion decisions. Background check companies are supposed to not report these to employers, nor are you required to disclose them (except a few limited circumstances, such as applying to be a peace officer or in other limited situations).
The entry will always be on your criminal history, however. The fact that you were arrested will be an entry on your rap sheet that law enforcement and the prosecution can see, should you get in trouble in the future.
The only way to erase this entry is by having a petition for factual innocence (Penal Code section 851.8) granted. If a court determines that no probable cause exists for the arrest, they will issue an order directing the police and Department Of Justice to erase the entry and destroy the records of your arrest. That is the only way to get things truly "off" your record. You may want to discuss the particulars with a local criminal defense attorney if you are interested in pursuing this.
Answer Applies to: California
Replied: 8/31/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of John Stanko
1. The DA can file within the statute of limitations, 1 year on a misdemeanor and 3 or more on a felony.
2. There is a record of the arrest if a report was taken but it is only an arrest so if you are asked about it, the question is normally have you ever been convicted of a crime, the answer is no.
Call me if you want to discuss this further.
Answer Applies to: California
Replied: 8/30/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
2. There is a record of the arrest if a report was taken but it is only an arrest so if you are asked about it, the question is normally have you ever been convicted of a crime, the answer is no.
Call me if you want to discuss this further.
Answer Applies to: California
Replied: 8/30/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Nelson & Lawless
Records are forever. Yours shows the arrest, but no conviction. If charges are pursued later, contact me promptly and in the meantime, exercise your 5th Amendment right to be quite and say nothing to anyone other than your attorney.
Answer Applies to: California
Replied: 8/30/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/30/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James C. Bechler, A.P.C.
Unfortunately, even arrests that were dismissed show up on your "rap" sheet. If you want to check you can fill out a petition and mail to the Department of Justice and request a copy for a small fee.
Answer Applies to: California
Replied: 8/30/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/30/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Steven Mandell
Yes, you have an arrest record. It can be improved by having the arrest converted to a "detention only." Contact me if you'd like to discuss this further.
Answer Applies to: California
Replied: 8/30/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/30/2010
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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