Legal Question in Criminal Law in California

Hi I apologize in advance for the long post but any help would be greatly appreciated. I was arrested in Riverside County, Ca, on a misdemeanor vandalism charge almost 6 years ago. The case was never filed and no charges or conviction exists. I recently conducted a background check for work and it is still showing as an open arrest. I have been trying to get this closed out but cannot get a straight answer on how to do this. The statute of limitations is expired and originally the deputy D.A wrote me a letter saying that they would take care of it by sealing and destorying the record. Upon following up with them they changed their mind and would not provide me a decline to file letter because "its not that they dont want to file its that they cant," they then instructed me to go to the arresting police department and have them submit that they do not want to go through with charges. Unfortunately the police department said that they wouldn't do that and it was up to the d.a's office to take care of it. So it looks like neither the police department nor the district attorneys office wants to take fault for what Im assuming is this citation falling through the cracks and I can not get anything done. I cannot have it expunged because there is no conviction and from what I have been told it cannot be seald because I was not factually innocent. I mainly just need a letter for work that no charges will or can be filed and need it to be resolved. Any help would be greatly appreciated.


Asked on 5/29/13, 5:36 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You are not going to get that from the authorities. The best you can get is an opinion letter from an attorney, which sets forth the law and explains what you want.

Read more
Answered on 5/29/13, 9:36 pm
Terry A. Nelson Nelson & Lawless

As Mr. Roach stated, the system can not and will not provide you any such outcome. There are many cases where people are arrested, but charges are never filed, for various factual and legal reasons.

However, you could hire counsel to file a Motion seeking a court ruling that you were 'factually innocent' and that the arrest was not supported by facts or law. That would accomplish what you want, but IF and only IF you can convince the court that you were actually 'innocent'. That is not the same as 'insufficient evidence' to convict, which is probably what the DA file shows, if it even still exists.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help.

Read more
Answered on 5/30/13, 5:31 pm


Related Questions & Answers

More Criminal Law questions and answers in California