I’ve been arrested for a crime, but it was never filed with the court. – California Penal Code Section 851.8
Your criminal record will include not only occasions in which you had been convicted of a crime, it will also include instances in which you had been arrested under suspicion of a crime. So even if an arrest does not result in a conviction, a record of that arrest will still appear.
Having an arrest record can negatively affect your job prospects in the same way that a conviction can. Therefore, it is very important that you seek to have your arrest record sealed and destroyed pursuant to California Penal Code Section 851.8.
If you have been arrested by police, but no charges were filed following the arrest, you can seek to have that arrest sealed and then destroyed three years after the date of arrest. This can be done by submitting a Petition of Factual Innocence with first the arresting police agency and then with the court if the arresting agency denies the petition. Oftentimes, the arresting police agency will deny the petition, which means you will need to later submit the petition to the court.
If granted, it will be as if the arrest never occurred. You will no longer need to disclose the arrest to employers or licensing boards and the arrest cannot be used against you by the police or prosecution.
To ensure that you have the best possible chance of getting a Petition of Factual Innocence granted, you need the legal expertise of a skilled criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 40 years and can help you achieve the best possible outcome in your matter. Call us today at 1-888-749-0034. We will be there for you when you call.
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