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Cleaning up my arrest record (DMV/Criminal)

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LakersFan

Member
What is the name of your state? California

Hello,
I was arrested for DUI about three months ago. At the time of my arrest I opted for blood test and I thought I did OK on FST, but nonetheless I was taken to a jail and had my license taken. Subsequently my blood results comeback with a low BAC which led to my DMV hearing canceled and my license reinstated along with a letter from police stating my case was rejected by the DA.

My question is can I have the records of my arrest removed? I know my DMV records shows that my license was taken away at the time of my arrest and given back to me before my scheduled hearing.

Do I need to hire an attorney to cleanup my record?

Thanks in advance.
 


LakersFan

Member
Thanks for the reply. I need to add that the note I received from the police reads that I was only detained not arrested. I don't know if this mean anything.

Thanks.
 

CdwJava

Senior Member
It means that the "arrest" is considered a detention only (likely pursuant to PC 849(b)). So, in effect, you were not arrested.

You would have to get a court order to order any record of the arrest sealed or destroyed by the courts and law enforcement ... not likely to happen, but possible.

- Carl
 

pp2006

Junior Member
I think you are fine. You were never "arrested" and there shouldn't be any criminal record.

I would rather not pay an attorney, just try to check with the County clerk or something. But if you have free money to buy peace of mind, check with an attorney.

Check with few attorneys to get a good price though.
 

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