Legal Question in Criminal Law in California
Petition to Seal or destroy records
I am trying to petiton to seal & destroy my criminal records. What happen was on 5/21/07, I was arrested on a charge related to PC 243.4 (E) sexual battery after I denied I committing the crime. After I was arrested, a week later, my charges were dropped from the DA's office. For me to apply to seal my record, will I have to testify in court to prove that I am factually innocent? If so, can I simply just say I didn't commit the crime in the first place because I simply didn't commit the crime to be honest; I don't know how else to say or prove how I am innocent and I wish I court afford an attorney to.
Are petition to seal & destroy records application usually granted?
2 Answers from Attorneys
Re: Petition to Seal or destroy records
If the case against you was dismissed (which is probably what you mean by "dropped"), then you don't have any criminal records associated with it. There is nothing to seal or destroy.
You probably have an *arrest* record, but that is a different matter. All that record says is that you were arrested, which is true. It does not say you are guilty. More importantly, it is not available to the public.
Re: Petition to Seal or destroy records
As previously said, you do not have a criminal record if charges were dropped. While records of arrest are not generally available to the public they do pop out and create problems in certain situations from time to time. People who can prove factual innocence can petition to have their arrests records fully destroyed. There is a procedure and protocol that needs to be followed.
Feel free to contact my office if you are interested in pursuing this.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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