Legal Question in Criminal Law in California

Fingerprint record

To be more precise on my situation:

In 1997, I was being set up by the gypsy and got arrested by local police. I was finger printed and held in jail for 2 nights awaiting court hearing. But before I met the judge, the case was dropped and I was released.

Since I have never been prosecuted at all, will there even be a record in the cyberspace available to law enforcement or other government agencies? If yes, can I still apply to have it sealed and destroyed?


Asked on 3/17/09, 12:49 pm

2 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Fingerprint record

Yes, there is a record of the arrest, and you can seek to have the "arrest" deemed a "detention only." It is an improvement in your "rap sheet" which was created when you were arrested. You may also be eligible to petition the court for a "finding of factual innocence." This is complex and can't be explained in a simple email. If you'd like to talk to me about it further, please don't hesitate to contact me. Steve Mandell

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Answered on 3/17/09, 1:02 pm
Terry A. Nelson Nelson & Lawless

Re: Fingerprint record

Yes, your prints are permanently on file in the federal and state criminal databases as your 'rap sheet'. No, you can't 'seal' or remove that record. There wouldn't be any point in having such a data base if people were able to remove records just 'because'. You might be able to get a court to modify the entry to show lack of basis of the arrest. If you're willing to spend the money to try, feel free to contact me.

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Answered on 3/17/09, 1:17 pm


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