Penal Code 851.8 Certificate of Factual Innocence in California
Under California Penal Code 851.8, a person who has been arrested but not charged with a crime may be eligible to have their arrest records sealed and destroyed. This means that the records of the arrest will be sealed, or kept confidential, and will not be available to the public. Additionally, the records will be destroyed after a certain period of time, unless the arrest was for a serious or violent crime.
In order to have arrest records sealed and destroyed under PC 851.8, the following requirements must be met:
- The person must have been arrested, but not charged with a crime
- The person must not have any pending criminal charges
- The person must not have any prior convictions for a serious or violent crime
- The person must not have any pending cases for a serious or violent crime
- The person must not have any pending cases for any other crime
If a person meets all of these requirements, they can file a petition with the court to have their arrest records sealed and destroyed. The petition must be filed in the court where the arrest took place, and it must include certain information, such as the person’s name, date of birth, and the details of the arrest.
In California, you can file a petition with the court to have your arrest records sealed and destroyed. This process is known as expungement. To file a petition for expungement, you must first obtain a copy of your criminal record from the California Department of Justice. You can do this by submitting a Request for Live Scan Service form to the DOJ, along with the required fees.
Once you have obtained a copy of your criminal record, you can file a petition for expungement with the court in the county where the arrest or conviction occurred. The petition must be filed in the superior court, and you must include the following information:
- -Your name and date of birth
- -The case number and date of your arrest
- -The name and address of the law enforcement agency that arrested you
- -A copy of your criminal record
- -A statement explaining why you believe your arrest records should be sealed and destroyed
Once you have filed the petition, the court will schedule a hearing, and you will have the opportunity to present your case to the judge. The judge will then decide whether to grant your petition and order the arrest records sealed and destroyed.
It’s important to note that not all arrest records are eligible for expungement. In general, expungement is only available for arrests that did not result in a conviction, or for convictions that have been dismissed or expunged. You should consult with a criminal defense law attorney to determine whether your arrest records are eligible for expungement.
After the petition is filed, the court will review the case and decide whether to grant the request to seal and destroy the arrest records. The court will consider several factors The court will consider several factors when deciding whether to grant this motion, including:
- The defendant’s current age and criminal history
- The amount of time that has passed since the conviction
- The defendant’s behavior since the conviction
- The defendant’s current employment status and prospects for rehabilitation
- The nature of the offense and whether the defendant was sentenced to prison
- The defendant’s attitude and conduct during the proceedings
- Any other relevant factors
Ultimately, the court will decide whether granting the motion is in the interests of justice and will serve the public good. If the court grants the motion, the defendant’s prior conviction will be dismissed, and the defendant will be treated as if the conviction never occurred.