Can You Seal or Expunge a Police Report With No Arrest or Charge

My question involves criminal law for the state of: CA

I'm wondering if there's any way to seal a police reports that DID NOT result in ARREST OR Charges.

Basically When i was on school as a teenager, I got into a fight and the parents of the kid complained to the police which resulted in a police report being taken. The officer spoke to me, and I was very honest and told him that it was my fault, etc. At the end he told me that I couldve been arrested for this. Don't know if this report was referred to the D.A., but if it did, then the D.A. did not pursue the matter, since I was never charged.

I'm worried that this report will do some damage in terms of employment.

So, again, is there any way in CA to seal a police record that did NOT result in arrest or charges?

Thanks

Here is a good explanation by a defense attorney that also contains a link to PC 851.8 which covers the destroying of arrest records:

http://www.shouselaw.com/destroy-arrest-records.html

You will have to petition the court to get this accomplished, and it is almost certain that the police and maybe the prosecutor will challenge your attempt.

However! If this was merely a report and no charges were filed, there is no specific process I am aware of by which those reports can be sealed. Investigative files tend to be protected. And, sif you were a minor, these records should not be accessible by anyone unless you are applying for employment in law enforcement or a future position requires a security clearance.

CA law already prohibits asking about arrests that did not result in convictions, and I have never seen one (for non LEO or security clearance) that asks for police contacts. So, you should be just fine even without any court action.

Thanks Carl.

Although, I was not formally arrested.

All that happened was he came to my house and asked to come in, to which i said yes. And he asked me for my information (birthday, etc). Then he asked me why I did it, and I told him everything.

The encounter lasted around 5-10 minutes and i never saw him again.

I heard some people say that this is a "detention." Is there any process in which to seal a detention, or is a detention just another word used for investigating and taking a police report?
Is a detention the same as an arrest?

It may have been a detention. It may not have been., But, there is no specific way to seal or force an agency to purge cuch a record.

The good news is that virtually no one will ever be able to see that report. If you do not intend to work in law enforcement or seek a security clearance, this will never be seen by anyone.

ANd, no, a detention is NOT an arrest. No state criminal history was generated, and you were not arrested. The police spoke to you - that's it.

Ok I see.

Sorry- but Just ONE more follow up question to relieve all worry. I do not mean to annoy you by this, i just want to make sure.

I read on a website: "If you do have an arrest record, you can apply for a "Factual Innocence" finding.
Note: This procedure applies for a "detention" as well as an arrest."

http://www.avvo.com/legal-guides/ugc...-arrest-record


Question: When he says "detention" does this mean an arrest that was never charged, or does he mean what I said in my case? Because I read around the internet, and I found out that If you are arrested and never charged, then two years after an arrest, the arrest shall be deemed a "detention." Which I never got arrested, so it won't apply to me.

If you read the applicable section - PC 851.8 - you will find that it is for an arrest that has been "deemed to be" or "described as" a detention (per PC 849).

So, you cannot specifically petition for an agency to destroy an investigative record. But, as I said, it'll never com eto light unless you or any of the involved parties talk about it, or you apply for a position as a peace officer or a security clearance.

Got it!

Thanks!

I've seen your name come up on a lot of forums, and it seems like you are A LOT of help to a lot of people.

I don't know why you do it, but I wanted to thank you since it seems like not too many people appreciate what you do.

It can be fun. Thank you.

Good luck, and don't worry about this. It's really nothing.

No problems-

Hey. just out of curiosity: Is it ok if I ask why in your first reply you mentioned references to sealing arrests?

I'm sorry to beat a dead horse, but, after you mentioned that, I went on a huge worry spree searching forums, wondering if i had been "arrested," even when i was sure that I wasn't.

I'm fine now, but over the past few days it would just keep popping into my mind, and I would think "was I arrested?...i thought it was just a report."

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Quoting jack0000

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No problems-

Hey. just out of curiosity: Is it ok if I ask why in your first reply you mentioned references to sealing arrests?

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There is no specific process by which an arrest can be permanently "sealed," only purged/destroyed per PC 851.8. Juvenile records can be sealed pending destruction, as I believe can arrest records pending destruction under 851.8.

Quote:

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I'm sorry to beat a dead horse, but, after you mentioned that, I went on a huge worry spree searching forums, wondering if i had been "arrested," even when i was sure that I wasn't.

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If you weren't given a citation pending booking, or taken to jail and printed and photoed, then, no.