Is it possible to get a dropped charge removed from my record?

Question

Recently I was arrested as I lost my temper after years of family frustration and broke some items inside my mom’s apartment. She rightfully got scared, even though I would never lay a hand on her at all. The charges are now in the very hopeful process of being dropped but my wild guess is: I probably will never be able to have this unfortunate incident removed from my record, correct? Over 10 years ago I got a speeding ticket that I stupidly threw out the window. I was charged and given adjudication withheld, which I was able to have sealed.

William C. Gosnell · Answer

Yes.

Gregory Crain · Answer

Yes.

Michael J. Breczinski · Answer

It is dropped and sealed that is all you can do.

George Derieg · Answer

More information is required before I would be able to give a good answer. Were you charged, and or convicted? If you were convicted, you must wait until the probation period is over to file an expungment. If you were never charged, you may file for a finding of factual innocence (California Penal Code section 851.8), but the burden is on you to show you were actually innocent, and the police had no reason to arrest you. If you win that motion, your arrest will be removed from your record.

Austin Hirschhorn · Answer

If the charges are dropped, you should be able to get an order from the court for the return of your fingerprints and arrest card.  This will get the information out of the public records.  A copy may be retained in the State Police records for informational purposes if you have any further contact with the criminal court system.

Clayton Lockhart · Answer

If the charges are dropped, then you can file a petition to have it expunged from your record.

Gregory Casale · Answer

It is possible to get your record sealed. Speak to the attorney who represents you on the charges. Hopefully you do have an attorney. If not, get one.

Dennis Roberts · Answer

Yes you can have the arrest sealed just like you did the prior case.  Penal Code  1203.4 - google CA penal code.  A lawyer can do this for you.

James Osak · Answer

Criminal CONVICTIONS (not charges) can be EXPUNGED after five years. . . providing you have NO other convictions in that time period. It'll cost you around $500 with an attorney's help.

Gary Russell · Answer

If the charges are dropped, there is no conviction to be of "record", at least not public.  There will be a "non-public" record of the arrest/initial charge that is accessible by the government, more specifically law enforcement agencies, using.

Steven Ferguson · Answer

Oklahoma law permits expungement of criminal arrest records and court records under specific circumstances, depending on if the charge is dismissed outright or other limited conditions.  A more limited expungement is permitted after successful completion of a deferred sentencing probation.

Larry Dunn · Answer

If the charges are dismissed, a person may have the arrest sealed 30 days   after the dismissal. While a person can attempt to complete the process  without  an attorney, it is better to have an attorney experienced in the area  of sealing  records in order to insure all criminal records reporting  agencies remove the  information.

Terry Nelson · Answer

Arrests and convictions generally remain on your record forever.  That is the purpose and point of  records  so that society can keep track of and know the history of violators.  It isn't in society's interest to alter history for your personal benefit.   Priors  on your record provide grounds for enhanced penalties and punishments in future violations.  IF, and only IF, these charges are dismissed and the court issues a formal finding and order of  factual innocence, meaning there was NO factual or legal basis for the arrest and that it was a clear mistake, could the arrest record then be sealed and removed by court order.  You described a  rightfully  scared and valid cause  for arrest, so there is no basis for a finding of factual innocence.

James Schoenberger · Answer

If charges are dropped you can move to remove non-conviction data.

Steven Alpers · Answer

The only way to seal a California arrest is if you have a hearing where you prove you were factually innocent. A dismissal should not affect you in the future.

Stephen Freeborn · Answer

If charges are dismissed, that will be reflected in your record. Unfortunately, this incident may be around to stay.... especially matters of domestic violence.  My advice for you is to speak with your attorney who is handling your current matter.  That person may be able  to better help you based upon the facts of your case.

Jared Altman · Answer

There will always be a police record of you arrest but it won't show up on any background check unless it was in the papers.

Mark Smith · Answer

A traffic violation is not a criminal matter, so, yes you should be able to   have the matter with your mother sealed/expunged.

Stephen Hebert · Answer

If the charges are dropped and there is no conviction, you should consult an attorney about expunging the arrest.  In the event you are convicted, you may still be able to have everything expunged once you have successfully completed your probation.  But, you would have to request at the time of your plea that be taken under Article 893 (for felonies) or Article 894 (for misdemeanors), with the imposition of sentence being deferred.  If this request is granted, you can go back into court  once you have successfully completed your probation and have the conviction set aside, and, in turn, expunge the arrest and conviction from your record.  You should note that Article 893 (for felonies) or Article 894 (for misdemeanors) pleas are generally reserved for first time offenders, and an Article 893 (for felonies) or Article 894 (for misdemeanors) plea may not be available because of the actual offense that you are convicted of. Nonetheless, it is very important that the request for  an Article 893 (for felonies) or Article 894 (for misdemeanors) plea must be made at the time of the plea and/or sentencing.

Leonard A. Kaanta · Answer

There is no way have a record of arrest dropped.

Leonard Harden · Answer

NH law permits annulment of a charge if acquitted or dismissed.  If convicted time limits apply.

Steven D. Dunnings · Answer

You will always have a record of arrest but not conviction.  If you are worried about a civil infraction, there are more important things to worry about.

Bernard Jones · Answer

You may be able to have the arrest expunged if the charge is in fact dropped. You should consult a lawyer directly.

Robert De Groot · Answer

Yes, if the charges are dropped or if there is a withholding of adjudication (no conviction of the crime) you may be able to get the records expunged. You can only do this once in your lifetime, and you already had a sealing. Speak with a local attorney to see if you can get this done.

Jeffrey Pollock · Answer

I would suggest that you can & should pursue expungement of your recent arrest once this case is dropped.

Nathaniel Shafer · Answer

In Utah, it is possible to have an arrest expunged from your record. If the only previous criminal history you have is the single charge after you threw the speeding ticket out the window, an attorney should be able to have your arrest sealed.

Mark Arneson · Answer

If the case is dismissed, you can file for an expungement of the arrest.

Andrea Rogers · Answer

If there is no conviction, then the only thing that will be on your  permanent record will be a record of the arrest. It is possible to get  the record of an arrest expunged from your record, but it's hard to do  because you have to show that the police had no reason to arrest you in  the first place, which wouldn't seem to apply in your case.

Matthew Kober · Answer

You are talking about expungement.  Expungement eligibility is based on mainly three things: 1) total number of offenses, 2) how much time has passed, and 3) type of offense. In Utah you are allowed to have 1 felony, 1 Class A Misdemeanor and 2 Class B Misdemeanors and still be eligible for expungement.  If you have more than that, there are some tricks you can do to reduce the level of offense to become eligible.  The waiting periods are as follows:  Felony=7 years; Class A=5 years; Class B=4 Years; Dismissals=30 days. So as long as you are eligible you can get it expunged, especially if it gets dismissed.

James Edward Smith · Answer

You can seal this 30 days after it's dismissed.

Thomas Edward Gates · Answer

You may get your record expunged of the charge by petitioning the court.

John Brennan · Answer

If you are not convicted, there is no record of conviction.  The arrest record, however, will exist.

Jeff Yeh · Answer

Nope. A dismissal of the charge is the best thing that can happen.

Harley Gutin · Answer

Yes. Talk to a lawyer who handles sealing or expunging records.

Bruce Arthur Plesser · Answer

The arrest will be on a record. If case is dismissed the record will show dismissal.

Dennis P. Mikko · Answer

It is difficult to have domestic violence charges removed from your arrest record.  However, if charges are dropped, you should consult with an attorney who can look at the specific facts and provide you with a more definite answer.

Stuart Nachbar · Answer

There are expungement statutes, but you do not say what the charge is so it   is difficult to advise if it can be expunged and when.  You can google   expungement and new jersey law, and should be able to link up with the   statute or call a criminal lawyer.

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