Should I get an arrest without charges expunged?
July 26, 2010 7:21 PM   Subscribe

Will an arrest and detention without charges turn up in a records search in California?

I was arrested and detained for being drunk and disorderly but not charged. Should I get the arrest expunged? Do I need a lawyer to get it expunged or can I just submit the police report along with form BCII 8270? Thanks for any advice.
posted by anonymous to Law & Government (5 answers total)
I was an HR director in california, and used intellius to get crim records from all 50 states for applicants. If you don't have a warrant out, or a conviction RECORD, it won't show up there.

You made no mention of whether you wanted to know about livescan, security clearance, employment checking or I gave you the only answer I could.
posted by hal_c_on at 7:47 PM on July 26, 2010 [1 favorite]

The arrest should not show up on any background check unless the check is done by law enforcement.

As far as I know, you don't need a lawyer for a routine expungement, you can get the forms from the Clerk of the Court. I don't think this is relevant, though- expungements only apply to convictions, so the court may not have a record of it. In that case, you're in the clear.
posted by karminai at 8:34 PM on July 26, 2010

Let's assume the worst with regards to any records search. I would get the record expunged sooner than later, just to be on the cautious side of things, but I don't know if you can or if it should be so my advice isn't very helpful. I'd contact a lawyer.
posted by christhelongtimelurker at 8:35 PM on July 26, 2010

I worked for a news agency and we had access to county jail records. if you were detained you were listed there. I found a friend in there and he went nuts when I told him I found that. He was told no one would ever know since he was released and not charged.

So if there are lockup records, see if you can get that expunged.
posted by thilmony at 7:22 AM on July 27, 2010

I work for law enforcemet. When I run a standard criminal history, I don't see arrests. This is in Colorado, for what it's worth.
posted by craven_morhead at 9:10 AM on July 27, 2010

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