QUESTION
If my record says I have domestic violence but I was not charged or arrested, can I get it off my record?
Asked on Aug 15th, 2012 on Expungements - California
More details to this question:
In May, I was taken to a mental health place. My home life is not the best, so I decided to go into the air force. Well my backround states I have a domestic violence and I went to a mental health place, it is not a charge, I was never arrested nor seen a judge. So can I get this removed from my background?
7 ANSWERS
In most states if the offense was not prosecuted or there was no other actions taken on it, then you are entitled to have the arrest expunged from your record.
Answered on Aug 19th, 2012 at 10:28 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There would have to be a hearing and you would have to prove beyond a reasonable doubt that you were innocent to get the arrest off of your record.
Answered on Aug 19th, 2012 at 10:12 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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Expungement is for clearing your record of criminal matters. Neither of the entries appear to be that so expungement is not a solution. You may be stuck with those entries.
Answered on Aug 19th, 2012 at 5:05 AM
Leonard A. Kaanta
You can only expunge a conviction.
Answered on Aug 19th, 2012 at 4:54 AM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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Yes. Sounds like you are going to want to get your arrest record expunged.
Answered on Aug 19th, 2012 at 4:23 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I cannot, from your question, determine what record you are speaking to and therefore I cannot offer a suggestion without more facts. Generally, erroneous records can be corrected. Correct facts reported are what they are.
Answered on Aug 19th, 2012 at 4:19 AM
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
Yes you can in California. In fact, you can get it off your record in California, for all practical purposes, even if you were convicted of the offense, as long as you have completed any sentenced probation and are not currently charged with other offense. It is a relatively simple procedure taking anywhere from 6 to 8 weeks, depending on the court.
Answered on Aug 18th, 2012 at 9:40 PM