Seal Records
Call Us (619) 746-8879
Do you want to overcome your criminal sentence?
It is very possible that you will achieve this, in certain criminal cases, that your records will be sealed. A factual innocence plea can be used to seal arrest records.
What is factual innocence?
Section 851.8 of the Penal Code establishes that records pertaining to an individual’s arrest may be sealed, either by the police or by a Judge. These records include:
- reservation Photos
- court files
- computer logs
- DOJ Records
- Fingerprints
- police reports
- other records
Law Enforcement Request to Have Records Sealed
In most circumstances, law enforcement agencies will refuse to grant your request to have your records sealed or destroyed. However, when criminal charges were not preferred against you, you must apply to the police before filing your 851.8 petition in court.
File a Petition in Court
The judicial process puts the burden of showing why relief should be granted to the person who seeks to have their records destroyed or sealed. It is important, therefore, that any supporting evidence be entered correctly and argued effectively to increase your chances of success.
Deviations (PC1000 or any other deviation)
There are certain cases in which an individual can have their record sealed without having to prove factual innocence. When a PC1000 term or any other distraction is completed, the judge can seal the court and arrest records.
juvenile records
There are also Juvenile Court records that can be sealed, depending on the nature of the case. Need to find out if your case qualifies to seal the record? Contact us at (619) 746-8879