Legal Question in Criminal Law in California

Criminal Subpeona

I have a question. I am involved in a petition to seal and destroy arrest records case (penal code 851.8); however, the case that I am trying to seal does not have a court case number.

When I was arrested in 2007, the DA dropped my charges seven days after my arrest occured; in addition, my name was dropped from the court calender.

If I am trying to use a criminal subpeona to subpeona a police report, can I legally use my arrest number, since that is all I have, as my case number when I fill out the subpoena.


Asked on 4/01/09, 5:14 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Re: Criminal Subpeona

Jurisdictions differ on this. Some do not assign case numbers to 851.8 petitions. I would put in the box for case number "P.C. 851.8 petition; No case #" and add the P.D. arrest number too. But if you have not filed your 851.8 petition yet, then you don't have the right to issue a subpoena. Another approach to get the report is to contact the D.A. and get them to authorize them to give it to you. The D.A. will surely want that report before the judge when he hears your petition.

Just as an aside though, these petitions are MUCH too tricky for a layperson to do alone. Don't say I didn't warn you.

For further information on 851.8 petitions, you can read up at:

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

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Answered on 4/01/09, 8:58 pm


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