Legal Question in Criminal Law in California

Arrest reports are only cleared by a finding of factual innocence. That requires a petition filed pursuant to Penal Code section 851.8

The general rule is: Records are �forever�, whether arrest or conviction.

Arrest records can be sealed and destroyed if you can obtain from the court a Declaration and Certificate of Factual Innocence. That requires the court to find there was no basis to ever arrest you, that is was essentially a mistake. Not often successful.

However, if convicted, some convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced, and if it was not for certain listed Sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT �clear�, 'remove' or �erase� the conviction, but does change the record to show 'conviction reversed and dismissed by expungement'. Expungement will help in obtaining and keeping employment.

If you are instead, facing criminal charges, you must defend them to avoid being convicted. If you�re serious about doing any of those things, feel free to contact me for the legal help you'll need.