There are no statute of limitations on arrest records,which means an arrest record will remain on file indefinitely unless you’re able to get it removed or expunged. If a minor has been arrested or tried for a crime as a juvenile, generally the arrest will be sealed once the person has reached the age of 18. However, if a minor is tried as an adult, the arrest record will remain on file permanently because the crime was handled as an adult case. Almost any crime can be sealed or expunged if that case was dismissed, dropped or never filed by the state attorney. If you were found NOT GUILTY by a jury or a judge, the case may
be eligible to be sealed only.
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If tried as a juvenile you should do your due diligence to validate the record. This can be accomplished by contacting the juvenile court and records department. If you’re an adult or a juvenile tried as an adult, you will have to motion a petition with the court to get an arrest record cleared. Start by contacting the county court house where the arrest was filed. Once a petition is filed there is a legal process to have the record expunge or sealed and you will have to go before a judge for approval.
Valid Reason for Clearing Arrest Records:
- affects future employment
- security clearance
- ability to be bonded in obtaining work, etc
Valid Reasons for Exceptions Include. (Please always consult your local state laws.)
- solution of a child under 18 years of age
- certain cases of fraud
- child molestation
- offenses on public officer
Simple Steps To Remove an Arrest Record
a. All courts have an obligation to clearany facts
found to be incorrect or false and move to
have the record expunged in such cases.
b. If the record is found that there is no errors,
follow an appeals process through the court.
Seeking Absolution or Conditional Pardon.
If the charges are of a criminal nature you can look to seek an absolute or conditional pardon to clear your name. In this case, you must wait a certain amount of time, typically a minimum of 12 months to file an appeal. The courts are looking to see that the individual has demonstrated good behavior and has not committed additional offenses or crimes.
If the court grants you an absolute pardon, the conviction and your record will be cleared. In the case of a conditional pardon, for a crime, the criminal charge may be erased, but an indication of guilt remains on your record. It’s strongly advised in your petition to seek absolute or conditional pardon, you have an attorney represent you throughout the appeal process
DISCLAIMER: This report is not legal advice. You need to do your own due diligence to determine if the content is right for your Individual purposes. The publisher of this report is not liable for any damages or losses associated with the content in this report.