It is illegal in the State of California to resist, delay, or obstruct
the police in the performance of their duties. Anyone who willfully resists,
delays, or obstructs any peace officer in the discharge or attempt to
discharge any duty of their office or employment can be arrested for obstruction.
In California, this type of crime is a misdemeanor that carries a penalty
of up to one year in the county jail and/or a fine of $1,000. However,
sealing your arrest for obstructing officers is possible under California
Penal Code §148.
At the Law Office of Ivan O.B. Morse, our legal team has represented many
clients who have been accused of violating Penal Code §148. If you
have been arrested for obstructing a peace officer, you will be booked
(i.e. fingerprinted and photographed at the jail) and will need to post
bail. Your arrest will stay on your record forever, unless you have your
arrest record sealed by the court.
Having an arrest for obstructing the police is something that will affect
you for the rest of your life. If you are stopped by the police, for any
reason, be it speeding, failure to stop for a red light, jaywalking, etc.,
the police might find out about your arrest for obstruction. Some police
officers might treat you more harshly if you have an arrest record that
shows you’ve obstructed officers before.
If you were arrested, but never convicted of resisting, delaying, or obstructing
the police, you have the right to have your arrest record sealed. If you
meet the following criteria, you might be able to have your record sealed:
- No criminal charge were ever filed
- You were offered, and successfully completed, a deferred entry of judgment
- The charge was dismissed before your trial for another reason
- A verdict of not guilty was reached by the jury in a criminal trial
The statute of limitations for this crime is one year. Currently, there
is no time limit to bring an action requesting sealing of your arrest records.
If you or someone you know has been arrested in California for obstructing
an officer, or a different crime, and the statute of limitations expired
with no charge being filed, or you were not convicted for any other reason,
contact our office to discuss how to seal your arrest record.
Call (888) 865-0741 to speak to our Dublin criminal defense attorneys
about your case today.