Legal Question in Criminal Law in California

can you ask the judge to destroy an arrest record after being originally denied the petition? can you ask the court or file paperwork to destroy an arrest?


Asked on 9/23/10, 9:47 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If a petition under Penal Code � 1203.4 is denied, the remedy is normally to file a timely notice of appeal. The fact that you only get one chance to petition the court is one reason why prudent persons retain attorneys to present 1203.4 petitions.

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Answered on 9/28/10, 10:33 am
Terry A. Nelson Nelson & Lawless

If you were convicted and you've unsuccessfully sought expungement under 1203.4, that was your only shot at it, and no, you don't get to 'destroy' arrest records on a conviction case. If you were only arrested, not convicted, then you would have to file a petition and motion to have the court declare you 'factually innocent' [upon sufficient proof that you actually were], and then obtain an order the arrest records be destroyed. If serious about pursuing this, feel free to contact me.

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Answered on 9/28/10, 2:54 pm


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