Legal Question in Criminal Law in California

cleaning an old record.

I have completed my drug diversion program about 4 years ago. I was curious one day and I decided to do background investigation since I was the impression that my record was clean. Low and behold I still have an arrest record that comes up! And Specifically specifies what I was arrested for, Drug possession and under the influence. I have been thinking of changing employment to Arizona and since the law�s differ from state to state I would like to make sure that my next employers would not get a hold of this information. Is there a way of destroying this record? Like maybe an expunge or something?


Asked on 7/01/02, 5:39 pm

2 Answers from Attorneys
Gary Olive Law Offices of Gary Olive

Re: cleaning an old record.

Yes you can get your record expunged. As I've explained in other cases, you must first go back to the court where your case arose from. Then go to the clerk's office and ask if they have a form to fill out for an Expungement. If all of this seems to daunting, then you can of course hire an attorney to do this for you.

Good Luck.

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Answered on 7/02/02, 12:52 am
Jacqueline Goodman Rubio Law Offices of Jacqueline Goodman Rubio

Re: cleaning an old record.

Yes, there are a few avenues for you to eradicate that old record. However, the drug diversion, especially if it is rather old (a true "diversion" and not DEJ as we do now) should have obviated the need for you to take such steps to clear your record. In fact, the expungement may not be available to you at all, depending on the type of diversion it was, since true diversion did not result in any conviction or probation, both of which are necessary to the expungement, as strange as that may seem.

I suggest you consult an attorney to determine what type of relief you are entitled to. I'm not convinced that it's really as simple as the standard expungement that is available by form filing at the clerk's office of the court where your matter was handled. It could be. Then again, you may only need a PC �831.8 motion to get the record of the arrest purged from your rap sheet ("NCIC"), which "clears" your record locally, as well as with the Dept. of Justice and the FBI. I did this last week for someone (although not on a diversion case) and start-to-finish was about a week, with the exception of the DOJ/FBI reporting (in other words, I've advised those entities to clear their records, but as of yet have not received confirmation that this has been completed other than on the local level). The cost involved for the type of relief you're seeking should be relatively minimal.

And there are other possibilities. I would need to know a little more to help you.

I am available to assist you by consulting further at no cost, or I can be retained to seek the relief for you. Contact me at [email protected], or call me at my Fullerton office at (714)879-5770 or cell (714)612-7865 if I can help. Otherwise, I wish you well.

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law

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Answered on 7/02/02, 2:02 am


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