Sealing and Destroying Arrest Records
California law allows for someone to remove arrests of their record by a Motion to Seal and Destroy. If you or your family member is having a hard time getting a job or getting into school or passing licensing requirements then a motion to seal your arrest record might be your answer. CALL NOW for a FREE CONSULT with an experienced attorney in Record Sealing at (209)-824-4520.
Seal and Destroy an Arrest Record
Motion to Seal and Destroy
The Motion to Seal and Destroy is available at the Public Defender’s Office. This is a motion which is commonly referred to as a finding of factual innocence. If you were arrested but not convicted of a crime you may petition the court to have your arrest records sealed and eventually destroyed.
(The important factor is whether you suffered a conviction. If you were convicted of a misdemeanor or felony and later had it dismissed per 1203.4 PC, California’s expungement process, you are not eligible for this type of relief.)
Who is Eligible?
If you
- were arrested, but the prosecutor never filed criminal charges,
- had your case dismissed in court, or
- were acquitted by a jury following a California Jury Trial.
You may be entitled to have your California arrest records sealed and destroyed.
Timing
You may petition to clear your arrest record up to two years after the date of arrest or the filing of the accusatory pleading, whichever one is later. However, the judge has discretion to hear cases beyond the time limits outlined based on good cause reasoning.
What’s Next:
For more information about your charge and potential penalties and defenses contact an attorney immediately. If you or your family member has been arrested for these charges CALL NOW for a FREE CONSULT with an experienced attorney in SEALING RECORDS at (209)-824-4520.