If you were arrested but not charged, had your case dismissed or went to jury trial, and was acquitted, you want to consider pursuing a finding a factual innocence. The fact that you were charged may still show up on a criminal background check if an employer or school performed one. To fully get past the charge, it may be worthwhile to consider asking a court to completely clear it from your record with help from an expungement attorney.
Only Juvenile Records are Sealed
For the most part, only juvenile records are sealed after a case is concluded. In other words, if you committed a crime after you turned 18, it becomes a public record, and can be discovered by prospective employers during the job application process or by anyone else interested in working with you. While some may be forgiving of your past mistake or be interested in the context of why you were charged, others may simply reject your application or assume that you are not trustworthy enough to associate with.
How Do You Obtain a Finding of Factual Innocence?
Obtaining a finding of factual innocence requires a showing that there was no probable cause to believe that the person committed the offence. This is a pretty high burden. However, it is possible to get the district attorney, in the right case, to agree to such a finding, Even if one does not strictly meet the legal standard, some DA’s will agree to such a finding in the right case.
A criminal record expungement attorney in Sacramento, like those from the Chastaine Law Office, can help you put a criminal charge behind you for good. When asked about your previous criminal record, you can honestly and with a clear mind say that you have no record to speak of.