Seal and Destroy an Arrest Record

SEALING AND DESTROYING ARREST RECORDS

  • What is a motion to seal and destroy my arrest records?
    • This is a motion that is commonly referred to as a finding of factual innocence.  If you were arrested but not convicted of a crime you may petition the court to have your arrest records sealed and eventually destroyed. 
  •  Am I eligible to have my records sealed and destroyed?
    • You are eligible to have your records sealed and eventually destroyed if you were arrested but never convicted of a crime.  In addition, the petitioner (person arrested) must show that no reasonable cause exists to believe the arrestee (person arrested) committed the offense.  Typically, the motion must be filed within two years of the date of the arrest.
    • You are eligible to have your records sealed and eventually destroyed if you were arrested and charged with a crime, but the charges were ultimately dismissed.  The court in which the charges were dismissed must find that you were factually innocent.
    • You are also eligible to have your records sealed and eventually destroyed if you were arrested, charged with a crime, and were found not guilty at trial.  The judge that presided over your trial must find that you were factually innocent.