We live in a virtual world. From Google to Facebook to Apple, technologically-driven products and services have become part of our everyday lives. Unfortunately, for those charged with a crime, this technology can often bite back, especially when criminal records become public.
Depending on your situation in California, it may be possible to get criminal records sealed, preventing you from further embarrassment or hurting your chances of landing a job.
When criminal records are sealed and legally “expunged,” the charge is deemed to not have even occurred and all records associated with that charge are discarded and destroyed.
Under California Penal Code (PC) 851.8, “any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest.”
This essentially means that if you have been arrested and no formal charges were ever filed, your case was dismissed, or if your charges resulted in an acquittal, you can be deemed “factually innocent,” and as a result your records related to that case may be eligible for expungement. This would include police reports, fingerprints, the FBI number that was assigned to you, booking photos and all records of the arrest.
It should be noted that even in the case of record clearance eligibility under PC 851.8, there are some stipulations that apply and not all cases are the same. As such, you will need an experienced attorney to assist you in these matters.
If are a resident of San Jose, San Mateo, Los Gatos, Santa Cruz, and surrounding areas and are seeking relief under PC 851.8 or need advice on how to handle a record clearance case, call the Law Offices of Holden W. Green. We offer a FREE 35 MINUTE PHONE CONSULTATION and can appropriately advise you of the best course of action as it relates to your record clearance issues and other criminal defense matters.