Legal Question in Criminal Law in California

Re: Background check

You can't. Criminal records show only adjudications, not arrests. Arrest records are generally not available to the public. Besides, all your record says is that you were arrested, which is true. It doesn't say you were convicted. It would not be reasonable to infer from your arrest that you ever were convicted.

Re: Background check

What you need is a petition for "factual innocence". It would result in the arrest record being sealed and then three years after the arrest, totally destroyed. That is assuming you can prove you WERE innocent of the crime and it was not just dropped for other reasons.

It takes about three weeks to get one of these drafted and on calendar. I do a lot of them. To learn more about them you can see my website articles at:

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

and

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

Re: Background check

To start, you need to file a petition under Penal Code section 851.8, with the law enforcement agency having jurisdiction over the offense requesting that it destroy its records of your arrest. A copy of the petition needs to be served on the District Attorney's Office concurrently. Review that particular penal code section for further information on the proper procedure and what your rights are.

Re: Background check

You would need to file petition to have it removed, based upon factual innocence. Feel free to give us a call if you are interested in pursuing this.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

Re: Background check

I stand corrected. My earlier answer was mistaken. Please disregard it.