Legal Question in Criminal Law in California
my son was arrested last Oct 1st as he left school for a weapon and drug charges that were dismissed by the D.A.s office he never even when to court.on, my question is this? can i/or my son request that the court distroy the arrest report along with the inmate id no. since no charges were ever filed and the charged were dismissed/dropped? and can we get back our bail deposit also?
1 Answer from Attorneys
You can't get your bail deposit back if you went through a bail bondsman. If you posted bail yourself with the court, you could, but if you read the bondsman's contract, the deposit was nonrefundable, even if bail is later exonerated.
If he wants the arrest records destroyed, he has to file a petition seal his juvenile records when he turns 18. That petition takes some time, but if it is granted, then the records will be destroyed when he turns 38. If he never files a petition to seal, the records will remain for the rest of his life.
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