Legal Question in Criminal Law in California

arrested, no complaint filed

If one has been arrested for something like trespassing, but the sheriff's report states that no complaint was every filed, how does one provide verification that they have not been convicted of a crime? In other words, how do you get a court to confirm the lack of a conviction?


Asked on 12/15/06, 11:20 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: arrested, no complaint filed

There is no need to confirm that you haven't been convicted. Generally speaking, records reflect what *has* happened and not what hasn't.

Convictions are matters of public record, and if the records don't say you have been convicted then you haven't and no one will believe you have.

Keep in mind that arrest records are not available to the public. If no charges were ever filed there should be no public record of this incident at all.

Finally, I want to echo what Ms. Norwich said. Sheriffs and police departments decide only whom to arrest. Decisions about whom to charge are made by prosecutors, who very often decide not to take any action against an arrestee.

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Answered on 12/16/06, 2:59 pm


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