Legal Question in Criminal Law in California

Felony charge

I was arrested in 2001 in San Bernardino Ca. on a Rape charge. I was held for 72hrs. and released. No charges were ever filed. This was they only time I'd ever been arrested for anything. Do I have a record? I'm applying for a firefighter position in Az. and wonder if the department will discover this arrest?


Asked on 7/11/03, 10:25 pm

3 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Felony charge

THank you for your posting. You do have an ARREST record, but not a CRIMINAL record (i.e., a conviction.

Recall that you are innocent until proven guilty, and as Mr. Rubio mentioned, you can have the arrest record removed from your record, which will help you.

I have an office in San Bernardino and can do this for you without you having to appear in court at all.

I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/13/03, 9:39 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Felony charge

At most it should state that you were arrested and the charges were dropped. Only law enforcement and some other select agencies should be able to have access to this file. It does not seem that it would adversely impact your application, as anyone can be in the wrong place at the wrong time and be arrested.

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Answered on 7/12/03, 12:28 am
Jacqueline Goodman Rubio Law Offices of Jacqueline Goodman Rubio

Re: Felony charge

Yes you have an arrest record, and in this information age, I would not recommend that you simply hope it doesn't get noticed. But there is a relatively easy way to get rid of it.

Relief from arrest records is available under PC sec. 851.8 to persons found "factually innocent" or where no accusatory pleading was filed, as in your case.

You need to petition the arresting agency and DA for a determination of factual innocence. The Dept. of Justice and FBI, along with the arresting agency, will seal the arrest records for three years, and thereafter destroy them.

If you would like more information, please call or email me directly: 800-515-0233, 714-879-5770; [email protected]. The process is relatively easy, but procedural hurdles sometimes create problems for clients to do them on their own. We can assist you, or for a small fee, we can do it for you altogether. Good luck. I hope to hear from you.

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Answered on 7/12/03, 2:31 am


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