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

People can have many kinds of records, credit, academic, etc that just about everyone has. An arrest record is something different, but you don't mention the other part(s) of the criminal record, parole, conviction, etc. A person with one arrest and no conviction is very different than someone with an arrest record and a conviction record as long as their right arm.

Answer 2

What a great question!! I haven't considered this before, but you make a great point. Perhaps the law should be changed.

Playing devils advocate, there are times that past arrest serves as a character witness and establishes precedent. For example, in the case of domestic violence, a batterer may have had charges continually dropped by his victim, but if the day comes that a police officer decided to press charges on behalf of the victim, the prior record speaks volumes about who the batterer is.

Think about OJ. There were plenty of court records showing a pattern with little or no legal convictions. But the pattern speaks for itself.

Answer 3

Because guilty or not, the fact that you were arrested remains just that - a fact. There's nothing to be assumed or inferred from it other than you were arrested (innocent until proven guilty, right?). It's a little hard to put the cat back in the box once it's out. And without knowing what state you're asking about, it's also quite likely the disposition of the case you were involved in is the very next thing listed on your criminal history. In California, everything from the arrest on forward is listed on a criminal history report so it's fairly obvious what happened.

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Answer 4

Get a No Cost Background Check Scan at https://tinyurl.im/aH3Wm

Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.

You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 5

Yeah, but the problem is, cops can take that kind of information and use it against you. One time, I was driving on the highway, and a car was tailgating me. I panicked and started driving faster to get away from the car. No matter what lane I moved to, the car would continue tailgating me. Eventually, the car turned on its flashing lights. It was a cop tailgating me and I got pulled over for speeding. So now, every time, I travel back and forth on the highway, I get pulled over by the cops and accussed of speeding even if I'm not speeding. I even got pulled over and arrested for supposedly driving with a suspended license that wasn't suspended at the time of arrest. The arrest is still in my record even though all charges were dropped. Cops use stuff like this against me and make excuses to pull me over for no apparent reason. Now, I don't even drive anymore. Haven't driven for the past five years.

Answer 6

It's a good way to track patterns. If you are arrested near high crime areas on a regular basis, it may point to a pattern of involvement. Charges may be dropped or dismissed because of a lack of evidence, not because of innocence.

Answer 7

"why isn't there a law that says arrest records should be automatically erased after someone had their charges dropped."

Because your States politicians have not chosen to enact such a law. It's a political issue, not a legal one. If you feel such a law would be a good thing, you're free to lobby your elected officials to pass it.

Richard

Answer 8

I just tried https://webmd.im/verispy last year to see if I could Locate my birth-father. My bio father left me when I was 7, and has refused to be a part of my life since. I grew up with my bio Mother and Step-father. I have only ever talked to my biological father a couple times until now. All I knew of him personally when I conducted the search was his first name, last name, and the street address of a previous address he used to have.

When the search results came back based on the minimal info I had, It pulled up a recent address along with even a phone number. When I called the phone no., I heard the voice of what sounded like it may be my step-brother. I asked if Joseph(my biological dad) was there, and he said no but to try back after 5.

I haven't done anything with the info, But I found what I was wanting to have.

Answer 9

I don't think its fair either- I was literally just taking a walk in a park. I didn't realize the park was closed, and some cop came up to me and issued me a ticket. I didn't understand what I got the ticket for until I showed up in court- charges dropped and it is still on my record" unlawful conduct on public property." Ridiculous!

Answer 10

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