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Petition to Destroy Criminal Records in California

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.