Q: I had an arrest in 1985 with no criminal charges filed and no disposition. Should I have my record sealed or expunged?
I am trying to get my guard card and firearms permit for over a year now and I received a letter from the DOJ saying there is nothing further they can due since there is no disposition. I am going to court house to resolve this matter.
In addition to the FBI research they have concluded there is no records found. Please help
A:
You can file to have your record sealed at the Courthouse that you were to appear in. Since no charges were filed, pursuant to Penal Code section 849 et seq your arrest is now considered a "Detention Only".
You can also Petition the police department that arrested you for a Finding of Factual Innocence.
It is frustrating that the FBI doesn't understand the Presumption of Innocence that you have and with no conviction you still enjoy that Presumption.
Good luck!
1 user found this answer helpful
A:
More info needed. What were you arrested for?
you can't expunge a no filing arrest.
you need to hire a lawyer to SEAL the arrest and maybe getting a factual finding of innocence.
1 user found this answer helpful
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