Arrest Without Disposition In San Jose
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FAQ
For most people, the most valuable benefit of expunging your California criminal record is that it can assist you in securing employment, in spite of suffering a criminal conviction. Today, almost every employer does a background check before hiring a job applicant.
If no charges were filed or charges were dismissed before trial, you can use the California Department of Justice's Petition to Seal and Destroy Adult Arrest Records (BCIA 8270). Some courts also have local forms you can use. There is no statewide form.
In addition, a background check may show pending criminal charges and misdemeanor or felony convictions, with a look-back period of seven years. However, non-convictions aren't reported, such as non-pending arrests, charges, or indictments that did not lead to a conviction.
A certified disposition can only be issued by the court where the case took place. Courts have different procedures and requirements for how to get a certified disposition. Some courts may require that you make your request in person, while others may honor requests made by mail, phone, or online.
Misdemeanor arrests should be sealed after 1 year if there are no charges, and felony arrests should be sealed after 3 years if there are no charges. Cases that get dismissed should be cleared immediately. Convictions of cases where you are granted probation should be cleared once the case closes.
You will need to convince the judge that there was no reason for the officer to arrest you. If no charges were filed or charges were dismissed before trial, you can use the California Department of Justice's Petition to Seal and Destroy Adult Arrest Records (BCIA 8270). Some courts also have local forms you can use.
