What is the process for getting my arrest record sealed?

The process for getting your arrest record sealed varies slightly, depending on your situation:

If you were arrested but never charged, you will need to start with the law enforcement agency that arrested you, and ask to have your records sealed. If the law enforcement agency refuses to seal your records (or doesn’t respond), you can file your request in court; OR

If you were arrested and charges were filed, you should take your request straight to the court first.

Either way, your claim will be reviewed, and you may have a hearing to convince the judge that you are factually innocent. If you are found factually innocent by either the law enforcement agency or the court, the records of your arrest will be sealed and eventually destroyed.

For information and instructions for each step of this process, see APPENDIX Z, on PG. 1061.