QUESTION
If I prove that I am not guilty, can I demand police department to destroy my fingerprint and the arrest record?
Asked on Sep 08th, 2012 on Criminal Law - Pennsylvania
More details to this question:
I was charge for assault, but it was just self defense, because that guy choke my neck, then I feel very hard to breath, so I as a self defense I bite his hard, is it make sense to self defense?
18 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 4:13 AM
Dennis P. Mikko
If the charges are dismissed or you are found not guilty, you can file a motion with the court to destroy your arrest record and finger prints. If the court grants the motion, a copy of the order should be served on both the arresting agency and the Michigan State Police.
Answered on Sep 13th, 2012 at 1:47 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you are not only found not guilty, but there was no evidence for the police to arrest you, after a hearing on factual innocence , then you can get your record sealed.
Answered on Sep 13th, 2012 at 1:46 PM
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You may have a good argument for self-defense in court and if you are found not-guilty, then expunging the arrest will be easier. Your chances of getting a not-guilty verdict improve if you have a good lawyer working for you.
Answered on Sep 13th, 2012 at 1:46 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can I demand police department to destroy ? No. Every arrest results in prints and DNA being entered into DOJ database.
Answered on Sep 13th, 2012 at 1:46 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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They will return it to you.
Answered on Sep 13th, 2012 at 1:45 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Probably not. I would suggest retaining the services of an attorney.
Answered on Sep 13th, 2012 at 1:45 PM
The courts don't like to do it, but demand they return your information or you'll have to retain an attorney to do it for you. You also might have a "false arrest" lawsuit against the cops. Talk to an attorney when you're not guilty.
Answered on Sep 13th, 2012 at 1:44 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, what you do is get the records sealed and eventually expunged.
Answered on Sep 13th, 2012 at 11:33 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Just a "not guilty" finding won't do it. You must be declared factually innocent under Penal Code 851.8 to get your adult records sealed and destroyed. This is not a do-it-yourself project. Your first step is to avoid a conviction. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Answered on Sep 13th, 2012 at 10:06 AM
Michael J. Breczinski
What happened to the charge. Is it pending or did the State drop the case? If the charge is still pending against you, get an attorney and fight the matter.
Answered on Sep 13th, 2012 at 9:11 AM
If you are not guilty by reason of self defense you can petition the court to seal :non-conviction" data so a records search will not even show you were charged.
Answered on Sep 13th, 2012 at 9:00 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You need a lawyer for what you want to do. It's not a do-it-yourself job. If you have already hired one, then just talk to him/her about this.
Answered on Sep 13th, 2012 at 8:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, but you must be held innocent or have the changes dismissed first.
Answered on Sep 13th, 2012 at 8:51 AM
No you can't, so please concentrate on how you're going to beat the case and not this aftermath stuff. Time to shop for a lawyer.
Answered on Sep 13th, 2012 at 8:43 AM
Gary Moore
When your case is dismissed or you are found not guilty you Ivan petition the Superior Court To expunge your records.
Answered on Sep 13th, 2012 at 8:40 AM
Criminal Defense Attorney serving New Orleans, LA
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If you are ultimately found not guilty or if the charges are dismissed, you can expunge the arrest and subsequent prosecution from your record.
Answered on Sep 13th, 2012 at 8:33 AM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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You should not post facts about your case on the internet as it may be considered to be an admission on your part. Self defense is a valid defense in assault cases. You should consult with and retain an attorney. If you cannot afford one, you should apply for a free attorney with the public defenders office.
Answered on Sep 13th, 2012 at 8:33 AM