Why do arrests stay on your record even after charges are dismissed?

Question

Many people get arrested for things they didn't do and sometimes for things they really did but weren't convicted of. So why isn't there a law that says arrest records should be automatically erased after someone had their charges dropped. I was arrested for assault & battery and I was booked and everything, but they determined it was self-defense and they dropped the charges, but I still have an arrest record. Why should my pic stay at the police station's mugshot album forever? I don't think it's fair!

Answer 1

Because it shows a pattern of arrests on people. Even if the case is dismissed, a person could have several charges that are not dismissed and it gives officers an idea who they are dealing with. If a person is constantly getting in trouble, the officer on the street or the detective investigating a case needs to know the background of the suspect. And just because the charges were dismissed doesn't mean you weren't guilty. Many times things get dismissed on a technicality when the person was as guilty as sin so why should law enforcement have to destroy their records?

I worked in the Records Section for a few years where we took in all reports (offense and traffic), some listing suspect information, plus we had several very large files that held all arrest record information. You wouldn't believe the people who had their own tab with their name, DOB and SS# because they had been arrested over and over again.

Then we had those like you who only had one or two arrests or they had several arrests when they were younger but quit getting in trouble so several years had passed which actually shows the officer that the person has changed and is respecting the law.

You can go to the Clerk of Courts and ask about an expungement and find out how much it will cost to have that done. In OH where I worked, you could only do it once on misdemenaors and once on felonies and in both cases, if a person had an extensive record, they could not get anything expunged. If you do get your record expunged, keep it clean because it may be your last time of doing it. Anything after that may well stay on your record (check with the Clerk's office about the law there).

Ask the Clerk's office if the mug shots and fingerprints are included in the expungment and if not, why not. Fingerprints are entered into AFIS and have always gone to the FBI so even if the local department files them away, the FBI would still have their copy. BTW, expungment does not mean the files are destroyed ~ in our case, they were sealed and filed away so they weren't readily accessible to officers once the judge signed off on the expungment papers.

When we did record checks for people for jobs, apartments or whatever, we never put anything on their paperwork except things they were found guilty of so a dismissed case was not listed. The county on the other hand listed ALL arrest information under their DOB and SS#. In each case, all of us put down the disposition of the case so the party would know exactly what happened in each case.

Expungements do not usually include traffic records and even if the PD removed the information, BMV was not notified to remove them because their record keeping is entirely different from the police departments.

It has been a few years since I worked in Records so all of this could have changed but that's how it was when I worked there.

Answer 2

The mug shots stay but you may be able petition to have your record expunged since the charges were dropped. The record still may show up as an arrest record but the disposition will also show that the charges were dropped. Only convctions should be released on a record check.

Answer 3

Interesting name you have...............No, it's not fair, but I don't think being fair is priority one for cops.
Any background checking someone might do on you, hopefully it will at least show that the charges were dropped.