Arrest Record Sealing For Arrests Which Did Not Result in a Conviction
The records that are sealed typically include court records, the District Attorney's records, the police department records, the Probation Department's records, and the California Department of Justice records. You can request that your juvenile records be sealed even if you received a ticket or were arrested but never were required to appear in court.
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Jump to subpage To seal your adult record: If you were arrested but not convicted of a crime you may petition the court to have your arrest records sealed and eventually destroyed. You are eligible to have your records sealed and eventually destroyed if: You were arrested and charged with a crime, but the charges were ultimately dismissed.
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- Filing for a Petition for Factual Innocence;
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The court in which the charges were dismissed must find that you were factually innocent. You were arrested, charged with a crime, and were found not guilty at trial. The judge that presided over your trial must find that you were factually innocent. To seal your juvenile record: Generally, having your juvenile record sealed means that the underlying offense is "deemed never to have occurred.
In order to be eligible to have juvenile records sealed: You must be eighteen years old or five years from the incident date must have passed.
How to Seal and Destroy Arrest Records in California? – First Class Counsel
Your juvenile probation must have been completed. However, a motion can be brought to terminate probation and seal juvenile records at the same time. All fines and fees must be paid.
If your attorney can convince that agency you were factually innocent i. After the three years, they will destroy your records. If the arresting agency denies your petition or fails to respond in 60 days, we go to the second step: filing your petition with the Superior Court which had or would have had, jurisdiction over the matter.
A copy of the petition should also be served on the prosecutor's office at least 10 days before the hearing. At the hearing, the burden is on the petitioner person filing the petition to prove that he or she is factually innocent of the crime.
Factually innocent means actual innocence. In other words, the petitioner must prove there is no reasonable cause to believe the petitioner committed the crime. The petitioner may introduce any evidence that supports their innocence, including declarations, affidavits , police reports and other evidence that is relevant.
The prosecutor can challenge the petitioner's claims by introducing evidence, such as the arrest report and the arresting officer's testimony to disprove the petitioner's claims. After hearing both sides, the judge will grant or deny the petition for Factual Innocence.
If the petition is granted, the judge will issue a court order directing the police department, prosecutor's office and the California Department of Justice to seal and destroy the arrest records and all related documents, leaving no trace of the arrest. This means that all prospective employers, or anybody else, will never see or know of your arrest. Having a criminal record can affect your employment, career opportunities, and your personal life. If you are trying to seal an arrest record for a case that occurred in Los Angeles, contact the Los Angeles criminal defense attorneys at Stephen G.
They bring over 50 years of combined criminal law experience to the table and will put that experience to work for you.
Don't let a wrongful arrest haunt you. A successful Petition for Factual Innocence allows you to move on and get a fresh start. Call us at to discuss your legal situation and learn if you are eligible to Petition for Factual Innocence. First Name Please enter your first name.