Arrested..?

[bbgughj]

Sounds like you were booked and released , Did you receive any paper work on your exit?

[RDT72]

If you are handcuffed and then moved from one place to another it constitutes an arrest, there only way out of this situation without a record would be if they released you with a PC849(b) form. That is the only way an officer can undo an arrest, if they did that it would be on file, If they didn't then you were officially arrested

[Caddis]

You can be "moved" during a detention under only a few circumstances. One being you consented to go "downtown" with the friendly officers. If not, you were arrested and probably released per P.C. 849. Depending on the type of crime you were suspected of, all arrests and dispositions goes on your "rap sheet." It will always be there as an arrest regardless of the disposition.

[saltyesq]

It's not that easy. The process is challenging. You file the paperwork you send it to the arresting agency, they have a chance to respond. If they don't respond within 60 days it's considered " petition denied". It has to be done within the statue of limitations.

Then you have to goto court and prove your case in front of a judge. If your successful, a purge of the arrest record will be ordered and the DOJ will have to remove it from the database. Do it "under seal" because somebody can find the court case about the case if they do a court records search.

Here is the form:

http://ag.ca.gov/idtheft/forms/bcii_8270.pdf

I didn't say it was easy. In fact you must prove your innocence. I have had a judge tell me he has only granted 1 in 10 years. But it's really the only option.

[Tacit Blue]

I didn't say it was easy. In fact you must prove your innocence. I have had a judge tell me he has only granted 1 in 10 years. But it's really the only option.

Yup. The courts usually rule in favor of agencies. It's hard for a agency to admit to a bad arrest. At the firm I work at (legal aide), somebody came to us with the same question. We consulted with another lawyer who had expertise in this, most of them wouldn't even take the case. The ones that did claim to have success in doing it, but who knows? Usually a 2-4k gamble to find out.

[Tripper]

yes, it is required that you be informed that you are arrested...