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CRUISING for SEX - View Single Post - Can I have arrest expunged/removed from records
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Old 8th July 2007, 10:07 PM
mfosteresq
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Join Date: Jul 2007
Posts: 14
Arrest Record Expungement

While it's never a good thing to get arrested, the good news is you were arrested in Los Angeles and qualfied under its progressive program for certain cruising/public sex crimes. This is essentially a diversion program: on program completion, you were left with no criminal conviction on your record. This is an innovative program, of a type not available even in most of Caifornia.

I have not personally heard of such a diversion program in other states. So, the Kentiucky poster probably has an actual conviction on his record, and therefore would need to focus on expungement of his criminal conviction under applicable Kentucky law. In California, misdemeanors with probation are routinely expungeable (removable) on expiration of the term of probation (varies case-by-case, but usually, 2-3 years after date of conviction). A petition needs to be filed with the sentencing court requesting that relief.

With the L.A. program, however, there is no criminal conviction to expunge. For most purposes, including most employment applications, inquiries will be as to criminal convictions, not arrests.

You do, however, still have a record of arrest. It is not simple to expunge an arrest record in CA; generally speaking, it takes a showing of factual innocence. Although it seems unlikely, I will check to see if there is any such relief specifically available under the Los Angeles program and post the results here within the next couple of days.
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