Legal Question in Criminal Law in California

How do I get my arrest record sealed/destroyed? How long do I have to wait after the case was dismissed to get my arrest record Seal/destroyed?


Asked on 3/28/14, 1:52 pm

2 Answers from Attorneys

Greg Hill Greg Hill & Associates

In California, only a juvenile record can be sealed, generally speaking.

The exception to this, insofar as an adult record, is that an arrest record and case can be sealed and later destroyed if the court grants a petition for factual innocence (PFI) under Penal Code section 851.8. A PFI is very difficult to win and it must be filed within two years of the arrest at issue. Good luck.

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Answered on 3/28/14, 2:12 pm
Terry A. Nelson Nelson & Lawless

You don't. What would be the point of keeping records if you could just wipe them away upon demand?? However, that is the general rule. IF your adult case was actually dismissed because it was determined and agreed by the prosecutor and judge that the charges were brought in 'error' and that you were 'factually innocent', you could get the court to issue a finding of that, and then you could petition the court to do what you want, seal the record and correct the DOJ entry. Few cases qualify for that, but if yours does, feel free to contact me for the legal help you'll need.

If you are instead talking about a dismissal pursuant to 'deferred entry of judgment' or an expungement already done, there is nothing further you can do.

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Answered on 3/28/14, 3:30 pm


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