Legal Question in Criminal Law in California

Re: Mistaken Identity

You didn't state whether you are an adult or a minor. If you are an adult 60 days after the Statute of Limitations runs on the offense or after aquittal after a trial under Penal Code Section 851.8. you can have your records sealed and destroyed for factual innocense. There will be sample forms in the Criminal Law Form Books in your county law library or the law library in your court. Both are open to the public. However, since you have been charged but released I'm not sure if this is the correct remedy. Some of the other attorney's answering this question may have more information on the subject. If they don't, get back to me and I'll try to be of more help. I'm not terribly sure why you would bother with it. Arrest because someone used your name or because of duplicate anmes are not at all uncommon. There is no conviction and that's what is important.

Re: Mistaken Identity

Thanks for your posting. Most criminal attorneys can prepare a motion and order for factual innocence. Although there is no "form" for this you can get through the court or via the internet, I'd be happy to help or give you a sample if you like. Please email or call me at 1-877-568-2977 and I can email or fax you a copy. If you would prefer to have my office prepare and file it for you, just let me know.