Legal Question in Criminal Law in California

You may file a petition for factual innocence under Penal Code 851. This basically gets you a hearing with a judge to whom you must be able to prove that you are in fact innocent of the crime. This requires a higher degree of proof then merely having the charges dropped - you must prove not just that you aren't guilty beyond a reasonable doubt, but that you were in fact innocent. However, there are time limits based on how long after the fact you can file the petition. Depending on the circumstances, time limits may be tolled, and it is possible you may be able to still file the petition. You should speak with an attorney if you believe evidence exists that could show you were factually innocent of the crime.

Penal Code section 851 is a procedure for telegraphic warrants. I think the section that Mr. Ball refers to is Penal Code section 851.8. That section, specifically subsection (a), allows a person who was arrested, but no accusatory pleading was filed, to file a petition to have the law enforcement agency seal and destroy their records. A copy of the petition must be filed with the District Attorney for the county having jurisdiction over the matter. It requires a finding of "factual innocence." If it is granted, the records are sealed for a period of three (3) years from the arrest, and then destroyed. The Department of Justice is supposed to seal and destroy their records as well.