Legal Question in Criminal Law in California

Hello - I was mistakenly arrested back in May, on an old warrant that should have been pulled years ago. I was released shortly afterward but the arrest itself is still on my record. It was a misdemeanor probation violation that was not valid and the warrant should have been cleared in 2006. Is there any way I can get the arrest removed from my record?


Asked on 10/25/10, 10:57 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You have to petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest pursuant to Penal Code section 851.8 subd. (a). You can read the statutory requirements here:

http://law.onecle.com/california/penal/851.8.html

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Answered on 11/01/10, 9:39 am


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