Legal Question in Criminal Law in California

Expunge necessary or not?

My daugther was arrested, fingerprinted and detained, and then released in a Domestic Violence situation where it was determined that she had been the victim afterall. The Police Department in the release described it as detained only. She is 27 and lives in California. She is applying for some volunteer work where they require a background check. She fears this will show up...will it, and if so how do we get it expunged.


Asked on 1/16/08, 5:41 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Expunge necessary or not?

Expungements are available only for convictions, not arrests.

Arrest records are not available to the public. They are available to law enforcement, but law enforcement understands that an arrest is a far cry from a conviction. Bear in mind that your daughter's arrest record is accurate; it says that she was detained, and that is the truth. It does not say that she broke any laws.

Read more
Answered on 1/16/08, 5:48 pm
Terry A. Nelson Nelson & Lawless

Re: Expunge necessary or not?

If she wasn't convicted or in some way subjected to a restraining order, there IS NO record to expunge. If there were a record, it couldn't be expunged anyway; domestic violence charges are not expungeable.

Read more
Answered on 1/16/08, 7:45 pm


Related Questions & Answers

More Criminal Law questions and answers in California