If you have been arrested, but no charges were filed, you may be able to
have all law enforcement agencies destroy all records. This is different
from an expungement. Many times, a person has an arrest record which shows
he or she was arrested, but no charges were filed. This record, which
includes your photograph, fingerprints and possibly a DNA sample, will
remain in law enforcement files indefinitely--unless you file a petition
to destroy all records.
If the court makes a finding of factual finding innocence, the court will
order all law enforcement agencies with information regarding this incident
to destroy all records appertaining your arrest. The petition for a finding
of factual innocence must be filed within 2 years from the date of your
arrest. This is an essential aspect of the petition process, as if you
fail to file the petition for the finding of factual innocence within
2 years, your chance is lost. If granted, the court will order all records
to be destroyed.
The California Penal Code provides that if a person is arrested, released,
and no accusatory pleading is filed, the arrest shall be deemed a detention
only. However, your arrest record will remain intact unless a petition
for a finding of factual innocence is granted--according to California
Penal Code §§ 851.8 and 849.5 et.al.
Contact Our Dublin Criminal Defense Attorneys Today
At the Law Office of Ivan O.B. Morse, we believe it is vital you enlist
in the help of the right Dublin criminal defense lawyers who will work
tirelessly to fight for your rights. Our trusted and experienced legal
team has the experience, skill, and determination necessary to help you
in your time of need.
Interested in consulting a member of our firm? Contact us to find out if
you are eligible for filing a petition for a finding of factual innocence.
Call (888) 865-0741 today.