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  1. #1

    Default How to Seal an Old Open Arrest Record

    My question involves criminal records for the state of: California

    Hi I apologize in advance for the long post but any help would be greatly appreciated. I was arrested in Riverside County, Ca, on a misdemeanor vandalism charge almost 6 years ago. The case was never filed and no charges or conviction exists. I recently conducted a background check for work and it is still showing as an open arrest. I have been trying to get this closed out but cannot get a straight answer on how to do this. The statute of limitations is expired and originally the deputy D.A wrote me a letter saying that they would take care of it by sealing and destorying the record. Upon following up with them they changed their mind and would not provide me a decline to file letter because "its not that they dont want to file its that they cant," they then instructed me to go to the arresting police department and have them submit that they do not want to go through with charges. Unfortunately the police department said they dont do that and its up to the d.a's office to take care of it. So it looks like neither the police department nor the district attorneys office wants to take fault for what Im assuming is this citation falling through the cracks and I can not get anything done. I cannot have it expunged because there is no conviction and from what I have been told it cannot be seald because I was not factually innocent. I mainly just need a letter for work that no charges will or can be filed and need it to be resolved. Any help would be greatly appreciated.

  2. #2
    Join Date
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    Default Re: How to Seal an Old Open Arrest Record

    If your arrest did not result in any charges being filed with a court, what are you looking at that shows this charge as "open"?

    It's not particularly unusual for somebody to be arrested without charges being subsequently filed, but that would ordinarily mean that there's no public record of the type that is going to show up in a background check.

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