Legal Question in Criminal Law in California
record sealed
How can I get my past arrest record sealed? I was arrested but acquitted of all charges.
2 Answers from Attorneys
Re: record sealed
If you were acquitted, I assume you mean a jury found you not guilty in a trial.
There is a motion to seal and destroy arrest records, pursuant to Penal Code section 851.8. You have to be able to show factual innocence or that there was no probable cause to have been arrested in the first place.
Depending on the County, some court clerk's offices have forms that you fill out and can do it on your own. Some people like to have an attorney represent them for these matters.
Good luck,
Elena Condes
Re: record sealed
Acquitted means you went to trial and were found not guilty. If so, you can petition to have your arrest record sealed if you can prove to the satisfaction of the court you were 'innocent'. That's not the same as the DA simply being unable at trial to prove guilt beyond a shadow of a doubt.
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