Legal Question in Criminal Law in California

I was arrested in 1972 for possesson and cultivavation, went to trial and the charges were dismissed.

The arrest shows on my FBI record. What can I do to exsponge or seal the FBI record?

Please reply to my request.


Asked on 1/13/10, 10:00 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Nothing. Records are forever. That is the whole purpose of the justice system keeping them, to keep track of 'priors', arrests, trials and convictions. Errors can be corrected, but accurate info stays there forever.

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Answered on 1/19/10, 10:26 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Nelson, and I want to add two points.

First, arrest records are not publicly available. The FBI and other law enforcement agencies can see them, but the general public can't.

Second, your record says only that you were arrested, not that you were convicted. An arrest means only that someone made a credible accusation against you, not that you were guilty. That's an important distinction which law enforcement agencies understand. Many in the general public don't, which is one reason why the public doesn't have access to these records.

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Answered on 1/19/10, 12:05 pm


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