Legal Question in Criminal Law in California

To whom it may concern,

10 years ago I was wrongfully charged with shoplifting.

I was arrested and formally charged however the end result was that the case was dismissed.

I recently did a background check in the state of California (finger prints) and it said that I don't have a criminal record however on my FBI background check it showed the charge and that the case was dismissed.

Is there any way of having this record totally expunged ?


Asked on 4/17/11, 12:07 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You weren't convicted, so there's nothing to "expunge." The FBI record is forever. If you were not hired or you were denied any right or privilege on account of your bogus arrest, I would like to hear more.

Read more
Answered on 4/17/11, 1:46 pm
Terry A. Nelson Nelson & Lawless

If you are not convicted, you have no criminal record, other than the arrest record, which is 'forever' unless you have grounds to petition for a determination of factual innocence from that court. It requires that the dismissal was actually because there were no grounds for the 'mistaken' arrest. If granted, you could get the record 'sealed' and destroyed. If serious about pursuing this, feel free to contact me.

Read more
Answered on 4/18/11, 1:03 pm


Related Questions & Answers

More Criminal Law questions and answers in California