Expungements for Arrests
One of the most frustrating situations is when someone gets arrested, but no crimes are charged or the charges are dismissed. This record of an arrest does not simply disappear because charges were dropped. In order to expunge an arrest, an individual must file a petition to expunge an arrest. From minor offenses to most serious offenses, arrests can be expunged. There are multiple laws that allow for arrest expungements, and our experienced expungement attorneys can tailor a strategy that fits your needs.
Under the old arrest expungement law to be eligible to expunge an arrest, the court has to make the following findings.
The court has to determine the arrest was based on false information or serious mistake, and the following conditions exist:
- There’s no probable cause at the time of the petition to expunge to believe the individual committed the offense they were arrested for.
- No charges against any individual were pursued as a result of the arrest, or the charges were dismissed entirely.
- The individual arrested did not receive a suspended imposition of sentence (SIS) for the offense for which the arrest was made or any other offense related to the arrest. In other words, the charges being amended will likely preclude an individual from being eligible for expungement.
Under the old law, a person can only be eligible for expungement of an arrest if the individual has no prior misdemeanor or felony convictions and no civil action is pending relating to the arrest of the records sought to be related to the arrest. There is a way around this with the new expungement at Twibell Pierson Criminal Law we have been successful in getting individuals’ arrests expunged when other firms said it wasn’t possible.
An arrest record can show up in multiple background searches. Upon expungement of an arrest, an individual will be able to answer “No” to the question of whether or not they’ve ever been arrested. This can be very important for employment applications and school applications. If you have any questions about arrest expungements please do not hesitate to contact one of our experienced expungement attorneys.