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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





How Does Having A Record Sealed Compare To Having A Record Expunged In California?

In California, the only way to have a record sealed and destroyed is to petition for a motion for factual innocence under Penal Code Section 851.8. In order to do that, you would have to meet the burden of proof and show that you were factually innocent of the crime. You would also have to show that the police officer lacked prima facie for the conduct for which they arrested you.

For example, if a person were stopped for a vehicle code violation and gave the name of their sibling instead of their name, then that charge would show on that sibling’s record. In order for that sibling to prove their innocence, they would (at the very least) have to provide their fingerprints and a statement. In other circumstances, there may have just been a lack of evidence that was collected at the time of the arrest.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer