Legal Question in Criminal Law in California

Several years ago I was wrongfully accused of shoplifting. The arresting officer believed I was innocent, but the department store loss prevention officer insisted I be charged. The case went all the way through trial, and I was not only found not guilty, I was granted a FINDING OF FACTUAL INNOCENCE. Per the law, as I understood it at the time of my trial, EVERY RECORD associated with my case was to be destroyed. Today, a friend showed me how the county court website allows you to look up arrest records. Confident I'd not find anything for myself, I went ahead and searched my name. To my horror I discovered a full listing for my shoplifting case. This is a violation of the court's order, is it not? What do I do? Do I have any recourse? I've been job hunting, with little luck, the last six months. This could easily why. Crimes of moral turpitude don't impress employers. This is devastating to my professional reputation Every record associated with my arrest and trial was supposed to be destroyed and wiped clean. I have no idea how many potential employers have seen this. Am I not understanding the rights a finding of factual innocence affords me, or is the court itself in violation of court orders?


Asked on 1/14/19, 12:18 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes section 851 mandates the Court to notify all record keeping entities that they are legally required to conduct removal and destruction of all records. Since it was already ordered, the normal 2 year statute of limitation for seeking relief should not apply, Now, a formal noticed Motion and Petition to the Court for a follow up or corrective order should get the job done. If serious about hiring counsel to do so, contact me.

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Answered on 1/15/19, 8:45 am


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