When a person is arrested for any reason whatsoever, the incident is recorded and accessible by any member of the public, hence being public arrest records. The record reflects the date of the arrest and the reason for such. Unfortunately, this recorded data remains forever, even if the charges were dropped, the arrest did not lead to a conviction or if it was deemed to be wrongful.
This can negatively impact an individual in many ways but most commonly when they are seeking employment and the employer runs a criminal record check. Although an arrest record is not a criminal record, most people don’t take the difference into account and it may be important to have the record deleted as soon as possible. Public arrest records can be sealed (where they are no longer open to the public) or expunged (where they are permanently deleted). To have this type of record sealed or expunged, the following steps need to be taken:
1. Requirements – Not all types of arrest records can be sealed or expunged. It is advisable to rather have the record permanently deleted as residual data can remain when simply attempting to seal it. In the same regard, it is important to note that requirements differ between different states and counties. You are eligible to have your record expunged if:
* You have not been arrested on the same or another charge within a specified period of time (normally 5 years).
* You were not charged or convicted of the crime. This includes being found not guilty, where there was a mistrial or where a conviction was overturned upon appeal.
* The charges were dropped due to wrongful arrest or for any other reason. In other words, the arrest never went to court.
* Arrests related to sexual offenses will most likely not be considered for expungement.
* In some states, arrests for traffic violations will not be expunged especially where they have led to the suspension of driver’s license.
* You will need to provide reasons for the record to be deleted such as your age when you were arrested, the period of time that has passed since this time and any other information that may be pertinent.
2. Apply to The Court – You will need to apply to the court in the area where the arrest took place, to have the records expunged. In most cases, an order to expunge will be awarded without the need to be present in court. It is probably a good idea to get some legal advice or employ the services of a lawyer to assist you with the application process.
3. Search And Destroy – Once you have received the order to expunge the record(s), you need to search online to identify the websites that have recorded and display the information. There are a myriad of websites that do so and all use multiple databases that provide this data. It is essential to contact each one of them to have the information permanently deleted. In some cases residual data will remain in the databases where public arrest records are archived, even after the information has been permanently deleted. There are a few data removal providers who can assist in getting rid of all types of associated or linked data for a nominal fee.
4. Keep The Court Order – In the unlikely event that perhaps some stubborn records still come up when conducting a search, even after you have followed all of these steps, you need to keep your court order to present to any person who requires criminal background information. This is not as good a solution as having the records permanently deleted, but will at least provide you with some evidence to the facts of the arrest and the reasons for the expunction.
