Legal Question in Criminal Law in California
if i had a pc594(b)(c1) and it was dismissed and i want to get the whole thing taken of my record how would i go about doing that?
Asked on 9/23/10, 1:20 pm
1 Answer from Attorneys
Terry A. Nelson
Nelson & Lawless
If you were not convicted, then the only thing on your record is the arrest. To TRY to get that removed, you have to file a petition and motion in that court, seeking a declaration of factual innocence, and an order to have the court and arresting agency purge and destroy their record of it. You burden of proof is to show the court there was no factual basis for the arrest, it was a mistake, not just a contested case that you negotiated somehow to have dismissed for other reasons. If you think you can meet that burden, feel free to contact me to discuss the process.
Answered on 9/29/10, 11:03 am
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