Legal Question in Criminal Law in California
I got my case dismissed but doing what they called a "spit and acquit" process in Orange County. I was charged with 11377(a) HS Possession of a controlled substance. I was doing some research on the internet because I wanted to get it expunged and came across the option of being able to petition the court to seal and destroy the arrest record Penal Section 851.6. I was wondering if I would qualify for that and how I would go about doing it.
3 Answers from Attorneys
You are likely referring to an order to steal and destroy arrest records, after you obtain a finding of Factual Innocence, in which you must prove to the Court that you (1) were innocent and that (2) there was no probable cause for the Police to believe you were guilty / arrest you.
Please contact me and I'd be happy to provide futher information.
There is no conviction to "expunge" (California doesn't really have an expungement law, but does have a dismissal under Penal Code section 1203.4), since you had your case dismissed.
PC 851.6 deals with somebody who was arrested and there were no charges filed. That isn't you since they had a case filed against you. You may be thinking of Penal Code section 851.8 to seal and destroy your arrest and the court case. To prevail in that, you would have to prove (it's your burden) that there was no legal basis to arrest you. The filing of charges puts you at a disadvantage. Penal Code 851.8 is a petition for factual innocence. Just because the case was dismissed doesn't automatically qualify you for this.
The good news is that your case was dismissed. Employers cannot ask about arrests that don't lead to convictions, so you would not have to disclose this to most private employers. It may be an issue for certain professional licenses or work for the government however.
I agree with Mr. Dane.
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