Legal Question in Criminal Law in California

Digging up old records can be a pain. But it is a task better suited to a private investigator than to a lawyer.

Before you go that route, though, you should contact the nuclear plant where you used to work. They may still have a copy of the documents you need in your personnel file.

Good luck.

The point made by Edward is a great idea. I would also add:

The California Labor Code section 432.7 would be a good place to continue researching. Part of the basics of the law state that only certain employers may ask you regarding arrests that were not convictions. You mentioned that you applied to a federal job, so the exception to this statute might very well apply as well as other Supremacy issues. However, the exceptions are pretty specific so give it a look.

Secondly, I'm assuming the employer did some type of live scan (fingerprinting) procedure to get these records. You might ask for the full copy of that report to see which agency has this information reported, and then start a formal process to get this off your record. If you cannot obtain a complete copy of the report, go to a live scan yourself to get a copy of your CA DOJ records. FBI probably has a different procedure to obtain records where they will require physical fingerprints. Certain Police stations, some UPS stores etc., can help you with this.

Lastly, call back San Diego PD or wherever the arrest occurred, talk to the records department and ask for a one sentence letter that just states "Our police department does not have any records of this arrest." - Or something similar.

This is a pain and it makes you wonder how you are potentially being penalized for something you were never convicted of in the first place.

At any rate, good luck!

John St. Clair

(213) 507-0358

In applying for a federal position you would have filled out an SF86,85, or 85P. These all ask specific questions... The time frames for these questions are have you ever when it comes to alcohol offenses, some drug offenses, and felonies. All other questions are 10 years. Even if it came up in the investigation, it des not matter. For a security clearances, these things are mitigated by time and if there is nothing else that would be seen as a pattern it was minor and mitigated. For suitability determinations under 5CFR 731.202 or its equivalent something that old unless it is a pattern is a non-issue....

The only way to clean an arrest record is to petition the court for a finding of factual innocence. You may want to speak to an attorney in your area that has handled one of these proceedings.

If you are trying to get an arrest 'removed' from your record, you are are fighting a battle you can not likely win. You admit you were arrested, so the data entry is correct. If you weren't charged or convicted, then of course there would be no record of something that didn't happen. What you described is clear to anyone that looks: an arrest, without further charges or conviction. Sounds like an accurate statement of the facts. Right?? If so, then there is nothing the court or police can give you, even if they would, that would change or explain that record, other than a letter saying they find no court case was ever filed.

You could Petition the court for a finding of 'factual innocence' to accompany the arrest record, or even to purge the arrest record on that basis, IF you could submit credible and admissible evidence that showed there was no legal or factual basis for the original arrest.

But, since the court has no case record, arrest record, police reports, evidence, etc., to look at, what do intend to submit to convince a judge to grant your petition? You said the police had nothing either. Just because they didn't press charges, does not mean there was 'no basis' for the arrest.

If serious about hiring counsel to help in this, feel free to contact me to discuss what evidence and facts you have available. .

Generally there is a two year statute of limitations on filing for a finding of factual innocence.