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How to seal and destroy CA arrest records. I believe it's CA

Customer Question
Penal code851.8. The case will...
How to seal and destroy CA arrest records. I believe it's CA Penal code851.8. The case will probably be dismissed, but court date isn't until December 19. Misdemeanor case where no charges were filed by plaintiff. She called and has tried to drop everything.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: CA
JA: Has anything been filed or reported?
Customer: Reported. Nothing filed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was arrested and held for 5 days. I think a temporary restraining order was placed, but nothing was pursued.
Submitted: 1 year ago.Category: Criminal Law
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Answered in 5 minutes by:
11/26/2016
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience: Attorney and Counselor at Law
Verified

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Please let me know what county in California the court is in.

Also, do you have any other convictions?

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Customer reply replied 1 year ago
San Luis Obispo
Customer reply replied 1 year ago
Not now for call
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

I can answer in writing. Ignore the call request

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Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

Do you have any other convictions?

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Customer reply replied 1 year ago
Nothing related. They said the case is elderly abuse WBI. It was an argument between me and my mother and she wants everything dropped and has never filed a thing. We've moved on.
Customer reply replied 1 year ago
I grabbed her because she was hitting me and bruised her shoulders. She wants nothing charged or filed and has told them on the phone a few times.
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

OK. Give me a few minutes and I will give you all the information you need to seal your record if the case is dropped.

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Customer reply replied 1 year ago
Ok
Criminal Lawyer: Colleen Grady, Attorney and Counselor at Law replied 1 year ago

You are right. The section of the law is Penal Code Section 851.8.

  • In order to have your records sealed and destroyed you will have to file a petition with the law enforcement agency that arrested you to destroy the records. The agency has 60 days to answer. If they do not answer or they deny your petition, you then have to petition the court.
  • When petitioning the court, you will have to prove you were factually innocent and should not have been arrested. If the court finds you were factually innocent, then the court will order the police agency to destroy your records. A hearing will be scheduled. At the hearing, you would have to prove that the arrest was wrongful. You need to present evidence of this such as statements of witnesses that you did not do what you were accused of or police reports showing lack of evidence.You have the burden of proof at the hearing to show there was no reasonable cause to believe you committed the offense for which you were arrested. The district attorney will have to get a copy of the petition and will sometimes oppose the petition by making arguments that you were not factually innocent.
  • You have to file a petition within 2 years of the date of your arrest. Otherwise, you will have to file a waiver of this time limit.

You may want to consider getting an attorney to help you with this. It is a bit tricky to navigate this process. Here is a form from the California Attorney General's Office you can use if you want to try to do this yourself.

Please let me know if I can help more. If you are satisfied with my help, please rate me.

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Colleen Grady
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
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