1.. You must have been innocent of the crime you were arrested for.     A detention is when you were arrested and released without charges being filed whereas an arrest is when charges are filed against you in a court of law.

2.. You had to have been an adult when arrested or detained.    You can not have been convicted of any crime connected with this arrest or detention.    Pleading no contest is the same as being convicted.    If you were convicted  press here.

3.. The arrest or detention can not have been for an infraction.     Infraction means offenses like ' a minor traffic offense such as running a stop sign. '

4.. You can not have been convicted of any other crime connected with this detention or arrest.

5.. Your case can not end with a hung jury.    If hung jury then the Prosecuting Attorney must submit a dismissal to the court on all charges connected with this crime.   If you can not convince the prosecutor then you will need an attorney to argue the matter in court.

6.. You will have to prove that you were innocent.    {for instance }> someone else was convicted of the crime;   you were mistaken for someone else, etc.

Other criminal activity does not disqualify you from using this remedy.

The arresting agency will be required to seal your record and after three years destroy said record.   The arresting agency is required to notify all agencies with a copy of your arrest & have them to follow the same procedure.

The arresting agency is then required to notify all other agencies who have this record and tell them to destroy their records.   If there are other entries on your record then your record is to be rewritten without showing this said case.

You will no longer be required to tell your employer of this incident.   You will be able to treat this incident like it never happened.

It will no longer have any effect on your driving record.

This case will no longer have a bearing on a right to possess a weapon

Will it have any effect on any future contact with the justice system.

Law enforcement must give you a declaration stating that you are factually innocent.

This case will no longer give you immigration problems.

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