Petitions to Seal and Destroy Arrest Records

Zachary McCready July 18, 2019

After a person has been acquitted of a crime or after the statute of limitations has passed to charge a person with a crime, a person who has been arrested may file a petition to have his or her arrest record sealed. After three years, the sealed arrest record will be destroyed in nearly all cases.

The petition asks the judge to exercise his/her authority to seal the arrest record which makes it impossible for anyone to see the arrest record without a court order to unseal the record.

For many people, the advantage is that the arrest does not show up in background checks. Most background checks search for convictions rather than for arrests. However, a very thorough background check will include a check for arrests in every client where the person has lived.

The Section of the Penal Code that makes it possible to get an arrest record sealed is Section 851.8 of the Penal Code. This law was recently created so it helps to hire an attorney who is familiar with the new law rather than the old law.

The person must have either been acquitted at trial or had the time for filing a case within the statute of limitations expire.

Misdemeanors have a 1-year statute of limitations which begins to run on the date that the alleged crime is discovered. In most cases, that is the same as the date on which the alleged crime is committed.

Felonies have longer statutes of limitations. The statute of limitations on most felonies is 3 years. Some felonies have 10-year statutes of limitations and felonies such as murder have no statutes of limitations.

It is important to hire an attorney who is familiar with the court and the judges where the petition will be filed. At McCready Law Group, our attorneys are familiar with the courts in Long Beach, Bellflower, Downey, Inglewood, Compton, Norwalk, Los Angeles (Airport Courthouse, Metropolitan Courthouse, the Clara Shortridge Foltz Criminal Justice Center, and others), Van Nuys, Torrance, Whittier, Beverly Hills, Santa Monica, East Los Angeles, San Fernando, Santa Clarita, West Covina, Pomona, Lancaster, Westminster, Fullerton, Newport Beach, Orange, Santa Ana, Riverside, Rancho Cucamonga, San Bernardino, Vista, Ventura, Victorville, San Diego, Murrieta, and others.

Please call us today at (562) 364-7350 for assistance in getting an arrest record sealed. Our attorneys are ready to give you a detailed consultation. We have been assisting Southern California residents with arrests and criminal cases for over 12 years. Mr. McCready is a criminal law specialist, certified by the California Board of Legal Specialization. This is a very rare designation and it has helped Mr. McCready to get cases dismissed as well as get petitions to seal and destroy arrest records granted.

Consultations are normally free and can be done in person or over the phone. Attorney fees can sometimes be made in payments depending on your legal needs and your credit worthiness. Call today! We are waiting for you to call!

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