Legal Question in Criminal Law in California

I was arrested in Ventura County CA because of a domestic dispute. I was released on bail that same night and my charges were later dropped. I thought that would be the end of it but I applied for a government job and was denied due to a failed background check. The letter I received says I may have a criminal record. What gives?? Is there anything I can do at this point?? Can my record be cleaned up? What if I ask for a letter stating that I was only detained...If I am granted such letter is it automatically put on file? How do I properly ask for my record to be sealed?


Asked on 2/16/10, 11:04 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you haven't waited too long, you can apply to the court for a Determination of Factual Innocence. I always thought people were innocent until proven guilty, but I have also heard of cases where a federal or state government agency thought otherwise. Be sure you follow up with whatever appeals process you have. If a government agency is involved, they have to give you the right to an appeal (for what it's worth).

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Answered on 2/21/10, 11:25 pm
Allen Farshi Law Offices of Allen Farshi

In your email you stated that the charges were dropped. Assuming a criminal complaint was not filed I can file a motion to seal and destroy your criminal arrest record. However, sometime people confuse your situation when in fact the charge was plea bargained. If that is the case I can expunge your criminal record. You can reach me at

Tel 818 379 1777

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Answered on 2/22/10, 1:17 pm
Terry A. Nelson Nelson & Lawless

A domestic violence restraining order has similar effect on your record to a felony conviction - you become a 'prohibited person' barred from possessing firearms or ammo, and causing serious problems in employment, credit, and other areas. IF a permanent RO was imposed, it fits into the 'records are forever' category. It can not be 'expunged' like some convictions can in CA. However, that applies only if a 'permanent' order was put into place; you had the option of fighting against the order at the time. If you had succeeded, there would be no 'permanent', and thus no record. A 'temporary' order should/would not have that effect -- that could be fixed if that were your situation. There is nothing you can do now about a permanent RO short of seeking a court order for a finding of 'factual innocence' and specifically restoring your rights, then using that to TRY to get DOJ to change their records status. If serious about doing so, feel free to contact me.

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Answered on 2/22/10, 2:56 pm


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