Expunging record

[Ginageen21]

Jurisdiction

Arizona

I was never charged or even arrested for a domestic violence accusation, however a domestic assault shows up on my background. Can I have this either sealed or expunged?

 

[adjusterjack]

If you weren't charged then where does this record exist?

Determining that is step one for determining whether it can be sealed or expunged.

 

[zddoodah]

a domestic assault shows up on my background.

And what exactly does that mean? I suspect that "on my background" means that someone (who?) hired a private company to perform a "background check" on you and the report that was generated made mention of something. But what was that "something"? You told us that you were nor arrested or charged (which means you must never have been convicted). Therefore, there should be no record of an arrest or a charge, so what exactly was reported? Did you obtain a copy of whatever report was generated? If not, you need to do so.

Can I have this either sealed or expunged?

Can you have what sealed or expunged? You can, in some cases, have records expunged that relate to arrests, charges or convictions, but you said none of those things happened.

 

[Ginageen21]

Apparently there was a concern with my spouse having a visible bruise and someone from my spouses work called the police to do a welfare check. Nothing was reported and the case was unfounded and closed. I've just submitted a background questionnaire for employment and the investigator informed me of a police record of an assault against my spouse.

 

[Ginageen21]

And what exactly does that mean? I suspect that "on my background" means that someone (who?) hired a private company to perform a "background check" on you and the report that was generated made mention of something. But what was that "something"? You told us that you were nor arrested or charged (which means you must never have been convicted). Therefore, there should be no record of an arrest or a charge, so what exactly was reported? Did you obtain a copy of whatever report was generated? If not, you need to do so.



Can you have what sealed or expunged? You can, in some cases, have records expunged that relate to arrests, charges or convictions, but you said none of those things happened.

A police record stating officers responded to my home for domestic violence. No one was arrested or charged. Nothing was reported to police but now there's a record of this.

 

[zddoodah]

I'm surprised that sort of thing would turn up on any background check. Call the police department and ask about this.

 

[army judge]

I was never charged or even arrested for a domestic violence accusation, however a domestic assault shows up on my background. Can I have this either sealed or expunged?

Domestic violence charges are rarely sealed from prying eyes and inquiring minds these days, mate.

You can run your own background check on one of the many services that allow you to look into your background:

www.publicdata.com and www.spokeo.com are but two, there must be at least 10,000 more.

Your AZ DPS offers a service:

Criminal History Records | Arizona Department of Public Safety

Also arrest records can be obtained:

Public Records | Arizona Department of Public Safety



That is what an expungment attempts to do, seal the record.

That worked during the 20th century, it rarely works today, even though one goes through the process.

Domestic violence charges are also an automatic bar to firearms purchases.

 

[mightymoose]

I think there is a distinction that needs to be made.
There is a difference between having a criminal record and having a police report with your name on it. It seems likely a report was made in which you were named as a suspect, and the report later determined to be unfounded.
If you have never been to court then there is no criminal record to speak of.
It is also possible that a temporary restraining order was issued which would also come up in a search.

You need to find out EXACTLY what the information came up in the background report in order to address it, or determine if there is anything you can do to address it.