Legal Question in Criminal Law in California

RE: Criminal records

Was arrested, indicted but later acquitted of the charge in 1997. I was finger printed during the arrest. Would like to know if the record and finger print will still be in the system since charges were dropped and I was acquitted within days.


Asked on 3/16/09, 3:55 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: RE: Criminal records

Records are forever, prints and convictions. If they uploaded your prints to DOJ, that is where they will stay forever.

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Answered on 3/16/09, 3:58 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: RE: Criminal records

Record of your arrest will linger in the cuberspace in records available to law enforcement but not necessarily private employers or entities.

If you were arrested by state or local cops, there is a procedure to seal and destroy arrest records under Penal Code Section 851.8(a). The burden would be on you to demonstrate factual innocence of the offense of which you were accused and/or for which you were prosecuted. Mere acquittal is not sufficient.

Also, it is possible that the time during which you could have filed such a petition might have already expired.

Feel free to contact my office if you are contemplating retaining a lawyer for this.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/16/09, 5:14 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: RE: Criminal records

The arrest and fingerprints are there forever, but "there" is not someplace accessible to the public. In theory, at least, only law enforcement and related government entities can access this material.

The records of your acquittal will be available to the public, but only in the way that records of all court cases are available. An acquittal does not give you a criminal record.

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Answered on 3/16/09, 5:14 pm


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