Legal Question in Criminal Law in California

I was arrested in July 2006 for "being under the influence of meth." I did not do meth, I did not do any drug. I have never done a drug before, never been arrested before, and have a flawless record. I was 19 at the time, and I am sure the cop figured he could pin something on me because what teenager isn't atleast smoking weed right? Not me! He was certain there would be something in my system. Apparently my pupils were dilated and my pulse was elevated, so the cop arrested me, I took a blood test, and it came back clean of everything.

The case was dismissed after the negative test results made it to the judge.

Now I want this taken off my record completely. This is injustice at its worst. What can I do? I have asked before, and apparently I am screwed and have to keep this on my record. I am too prideful to accept that.


Asked on 8/03/09, 10:58 pm

3 Answers from Attorneys

Brian McGinity McGinity Law Office

I am confused at what you want taken off your record. If what you are saying is that you want nothing to appear when a background check is run it is that way. They will see the case was dismissed due to lack of evidence. Any hiring agency, including law enforcement, can not consider it as anything. If you are asking to get that off your record, I do not know if that is possible. It would seem to me, from what you have provided, it is what happened and so it reads accurately. I do not know how to get that removed but I am sure the only agency that may see it is one that is connected with law enforcement. Good luck

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Answered on 8/03/09, 11:34 pm
Brian Dinday Law Offices of Brian R. Dinday

I can help. The lawyers who told you that nothing can be done are in good company. There are many many lawyers, D.A's and even judges who are ignorant of the factual innocence law, which by the way was enacted JUST for you and others like you. You will have a totally clean record, and the arrest records will actually be deleted from police computers and paper files destroyed.

I am talking about Penal Code Section 851.8, which is my specialty. You can read further about this wonderful, (but woefully badly drafted) statute at my website:

http://lawyer-expungement.com/petition.htm

and

http://lawyer-expungement.com/results.htm

If everything you have said is true and you have not left out anything critical, (like you had scales, baggies and $10,000 on you), then you are almost certain to prevail on such a petition for factual innocence. Email me if you have questions after reading on my website.

By the way, you are quite right to be very concerned about this. Even a mere record of ARREST on such an offense can ruin your career, whatever it is. Employers may well avoid any suspected meth addict like the plague.

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Answered on 8/04/09, 10:06 am
Terry A. Nelson Nelson & Lawless

If you are really motivated to 'clean' your record, your only option is to try a PC851.8 petition. It is worth trying if there was actually no evidence against you, as you allege. If serious about doing this, and if the case was in SoCal courts, feel free to contact me.

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Answered on 8/04/09, 1:21 pm


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