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How Long Do Arrests Stay On Your Record?

How Long Do Arrests Stay On Your Record?

The length of time that an arrest stays on your record can vary depending on several factors, including the jurisdiction where the arrest occurred, the outcome of the case, and whether you take steps to have the arrest record expunged or sealed. Here are some general guidelines:

  1. Arrest Records vs. Conviction Records: It’s important to distinguish between arrest records and conviction records. An arrest record typically includes information about the fact that you were arrested, the charges brought against you, and any related information. A conviction record, on the other hand, indicates that you were found guilty of a crime in a court of law.
  2. Expungement and Sealing: Many states in the United States have laws that allow individuals to expunge or seal their arrest records under certain circumstances. Expungement means that the record is destroyed or erased as if it never existed. Sealing means that the record is hidden from public view but may still be accessible to law enforcement or certain government agencies under specific circumstances.
  3. State Laws: The rules regarding the retention and availability of arrest records vary by state and sometimes even by jurisdiction within a state. Some states have more liberal expungement and sealing laws, while others have stricter rules.
  4. Non-Conviction Records: In many states, if you were arrested but not convicted of a crime, you may be eligible to have the arrest record expunged or sealed more easily. The waiting period for eligibility can vary by jurisdiction, but it is often shorter than for conviction records.
  5. Conviction Records: Conviction records generally remain on your criminal record for a longer period, and in some cases, they may be permanent. The length of time that conviction records stay on your record can depend on the nature of the offense, the jurisdiction, and whether you receive a pardon or have your record expunged or sealed.
  6. Background Checks: Arrest records, especially if they lead to convictions, may be accessible to law enforcement agencies, criminal justice organizations, and certain employers or government agencies conducting background checks. However, some states have laws that limit the use of arrest records in employment decisions.
  7. Federal Records: Federal arrest and conviction records are typically maintained by federal law enforcement agencies and are subject to federal laws and regulations. Federal records may also be accessible to certain government agencies and law enforcement.

You should check the laws in your specific state and jurisdiction to understand the rules and options for dealing with arrest records. If you are concerned about the presence of an arrest record in your criminal history, you may want to consult with an attorney who specializes in expungement and record sealing to determine your eligibility and the process for addressing your specific situation. Keep in mind that the availability of expungement and sealing varies, and not all arrest records can be removed from your record.