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How To Expunge Your Arrest – Penal Code Section 849.5

A recent change in California law requires that “in any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.”  This is codified in California Penal Code Section 849.5.  What this means is that if you are arrested for an offense, but the District Attorney later decides there is insufficient evidence to prosecute you, the law enforcement agency that arrested must expunge the arrest from your record.

Even if you are not charged with a crime, simply an arrest on your record can have a drastic effect on your future.  If this situation happened to you recently or even in the past, contact Certified Criminal Law Specialist Pat Carey so he can expunge your old arrests today.