Legal Question in Criminal Law in California
11550 arrest
if my case for 11550 was rejected by the district attorney and the case status says discharged why does it say in the text part of the minute order missing complaint and that district attorneys office can still file on this case shouldn't case have been taken out of the system ? how can I expunge arrest from my record what would I be looking at to have an attorney expunge arrest from my record
2 Answers from Attorneys
Re: 11550 arrest
The D.A.'s decision not to proceed is like a private party's decision not to sue. It isn't binding, until the applicable limitations period expires, there is still time to file a complaint and get a case started after all.
You cannot get an arrest off your record. Arrest records are not public, so you shouldn't worry about prospective employers, etc. finding out about it. Police and other governmental agencies can get the information, but being arrested is not the same thing as being convicted and these entities all recognize that fact. An arrest record does not say you are guilty; it says only that you have been arrested. Because your record is accurate you have no right to demand a change.
Re: 11550 arrest
The DA can technically press charges against throughout the entire term of the statute of limitations period. However, there is a good chance they will not proceed forward unless something else occurs during this timeframe. An arrest is not a conviction, it is just the "opinion" of the arresting officer(s) alone. Therefore, an arrest is not synonymous with or as harshly "damaging" as a conviction on your record. However, there are ways to have the arrest "expunged" as well, just like a conviction, but certain criteria must be met. If you would like further, affordable assistance, contact us directly for a free phone consultation.
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