Legal Question in Criminal Law in California

Can I erase my arrest record for possession of tear gas? I was attacked by a felon in my driveway one evening and used pepper spray to defend my self. Called 911 and police arrested me for possession of tear gas. They left my pepper spray in my car. Went to court and there was no record of the charges. Can this arrest be removed? The pepper spray was legally purchased at a sporting goods store for defense at ATM's if necessary.


Asked on 4/30/13, 5:40 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Erase? No.

Expunge? Maybe.

�Records are forever�. However, some CA criminal convictions can be 'expunged' from criminal records by proper application and Petition to the convicting court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify.

If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove', �erase� or �disappear� the conviction. Nothing will. �Records are forever�. Expungement does change the record to show an arrest, charges filed, with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement will help in obtaining employment. When applying for a job in the PRIVATE sector, in response to any question concerning your prior criminal record, you may �legally� deny that you were arrested or convicted of the offense.

If you�re serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.

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Answered on 5/03/13, 2:08 pm
Anthony Roach Law Office of Anthony A. Roach

Expungement is a word that applies to a change of a conviction to dismissal under Penal Code section 1203.4. But you don't say that you were convicted, only that you were arrested. Clearing arrest records would require a finding of factual innocence. Personally, I think that you are worried about nothing, as the police do not keep minor police reports for something like that after several years

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Answered on 5/06/13, 7:37 pm


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