Legal Question in Criminal Law in California

If my case(s) were dismissed 5 years ago, can I get them permentanly taken off my arrest record today?


Asked on 1/16/12, 11:17 am

2 Answers from Attorneys

Elliot Zarabi Law Offices of Elliot Zarabi

If your cases were truly dismissed, you may be able to get your arrest record sealed by filing a factual innocence. The only issue with this is that it was over 5 years ago that this occurred.

You normally must file the factual innocence claim within 2 years from the date your case was dismissed, unless you can show some kind of reason that you didn't.

If you have any questions, please feel free to call me.

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Answered on 1/16/12, 11:21 am
Terry A. Nelson Nelson & Lawless

Only if the dismissal was based upon a finding of 'factual innocence', meaning that the court found there was no basis for the charges to ever have been filed, that they were filed against you by mistake. Dismissal simply because the prosecutor couldn't prove their case is not the same. If you qualify under those rules, feel free to contact me to discuss the process and costs of seeking record removal.

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Answered on 1/16/12, 11:22 am


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