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  1. #1
    Join Date
    Apr 2011
    Posts
    6

    Unhappy Erasing a Misdemeanor Arrest Record After Dismissal

    My question involves criminal records for the state of: California

    I got arrested 2 years ago, misdemeanor. The case got dismissed before any charges were laid. Either because it was my first arrest ever and the arrest was bad enough to teach me a lesson, or because I am not a US citizen or all of the above.

    I was travelling via the US 1 year ago and they asked me if i'd ever been to California or ever arrested, finger printed me, and sent me to speak with big scary guy behind a desk in a room (dont know what you call it). He was clueless and thought that I was STILL arrested based on what his computer read in front of him. According to him it was just :

    >>Arrested 1 year ago

    BLANK
    the only reason he let me go is because my next flight was boarding in 5 minutes.

    I am not factually innocent, and therefore my petition for factual innocence may be denied.

    I am under the impression that because there is no charge or conviction, there is no expungement or sealing of records that I qualify for.
    Please, please tell me otherwise.
    Its like a big fat loophole - that if i was charged and found guilty, I would actually have a chance of getting it removed. Please tell me i'm wrong.


    Also, if you can assure me that his airport computer wasn't updated as of that time with how the case was resolved, and that at this time it would read differently, that would be good news too.

    1 Last question: 10 years from now, am I still not going to be allowed to travel to the states?

    THANKS in advance for any and all advice.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,019

    Default Re: Erasing a Misdemeanor Arrest Record After Dismissal

    Read through this thread. The statute requires a judicial finding of factual innocence. You are confusing statutes that pertain to your criminal record with the statute pertaining to arrest records - if you were convicted you would not make the arrest record go away and, further, the USCIS would continue to regard you as having been convicted unless the conviction was set aside due to factual innocence.

    Why do you believe you're under a ten year bar?

  3. #3
    Join Date
    Apr 2011
    Posts
    6

    Default Re: Erasing a Misdemeanor Arrest Record After Dismissal

    Well, if the arrest record is there whenever I enter the US, 10 years from now it will still be there. Is there an amount of time after they stop giving me trouble?

    do they ever find people factually innocent if there is no conviction, and its an embarrassing 1 time slip up but the factual innocence is a little stretch of the truth?

  4. #4
    Join Date
    Apr 2011
    Posts
    6

    Default Re: Erasing a Misdemeanor Arrest Record After Dismissal

    Quote Quoting Mr. Knowitall
    View Post
    Read through this thread. The statute requires a judicial finding of factual innocence. You are confusing statutes that pertain to your criminal record with the statute pertaining to arrest records - if you were convicted you would not make the arrest record go away and, further, the USCIS would continue to regard you as having been convicted unless the conviction was set aside due to factual innocence.

    Why do you believe you're under a ten year bar?
    Please take a look at my questions above, thanks ^.^

  5. #5
    Join Date
    Nov 2007
    Posts
    1,257

    Default Re: Erasing a Misdemeanor Arrest Record After Dismissal

    When governments are running back checks or records even expunged stuff can pop up. I would get a documents from the court showing the case was resolved and dismissed then put it in a folder and keep it with you when traveling . Always answer honestly about arrest especially with the government.

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