Petition to seal & destroy arrest records (Penal Code section 851.8)

[Indeevar2009]

Sorry, I am deciding to seal this post for security reasons. Thank you for spending the time to read & answer my thread.

[CdwJava]

Originally Posted by Indeevar2009

My Petition to seal & destroy my arrest record (Penal Code section 851.8) was denied by the arresting agency (Sacramento Police Department) on October 29th, 2009. My petition was denied in the court on February 18th, 2009.

I suspect you meant it was denied by the agency in 2008 and not 2009.

The judge in the court room read the police report (something I was unable to get) and stated that the agency didn't have enough evidence; however, I very well could have been convicted. After that, he denied my petition. He also said that I could file some kind of motion called a injuctive or adjuctive or justice (I don't remember the termonology he used) after two years. As soon as he said that, I asked for a copy of the police recport; however, he would not give it to me.

That is a motion for injunctive relief ... you'll likely need an attorney to do that.

Is there another alternative for me to try to petition to seal & destroy my arrest record? Am I allowed to have another shot at this? What is the best thing for me to do?

Wait two years as the court recommended. Or, hire an attorney and ask if there is any other option.

Note that there is no RIGHT to have your arrest record destroyed so there is no real way to compel it.

The arrest that I am trying to seal & destroy happened on 5/21/07. My case does not have a court case number; in addition, the district attorneys office dropped my case from the calender; moreover, the district attorney rejected my case because of insufficient evidence.

Many cases are dropped by the DA for that reason. That does not mean that there lacked probable cause to make the arrest or sufficient evidence to go to trial, only that the DA opted not to do so for whatever reason. In some instances it is because a key witness flees or declines to cooperate, that sort of thing is not likely to be sufficient to compel a court to issue relief.

- Carl

[Indeevar2009]

I am in response to this specific thread:

Originally Posted by CdwJava

Quote:
The judge in the court room read the police report (something I was unable to get) and stated that the agency didn't have enough evidence; however, I very well could have been convicted. After that, he denied my petition. He also said that I could file some kind of motion called a injuctive or adjuctive or justice (I don't remember the termonology he used) after two years. As soon as he said that, I asked for a copy of the police recport; however, he would not give it to me.

That is a motion for injunctive relief ... you'll likely need an attorney to do that.

In this kind of he said/she said case, how can I be convicted when I really didn't commit the crime?

If someone says I did something I didn't do, can they still get me?

If so, the courts in general need to review there jurisdictions.

[Indeevar2009]

I am in response to this thread below:
Quote:

Originally Posted by CdwJava

Is there another alternative for me to try to petition to seal & destroy my arrest record? Am I allowed to have another shot at this? What is the best thing for me to do?

Wait two years as the court recommended. Or, hire an attorney and ask if there is any other option.

Note that there is no RIGHT to have your arrest record destroyed so there is no real way to compel it.

That is what I am pretty much going to do; I am going to wait two years like the court recommended.

In the mean time, I'm just going to save up for an attorney.

In general, I have no idea how much an attorney costs. I hope there not expensive. How much do they reall cost? About $5000 to $10,000. Or does it cost more than that?

[CdwJava]

Originally Posted by Indeevar2009

In this kind of he said/she said case, how can I be convicted when I really didn't commit the crime?

A lack of sufficient proof to support a conviction of trial is not the same as factual innocence. There are many reasons why a crime might not be prosecuted.

Besides, in CA an employer cannot ask if you have ever been arrested, only if you have ever been CONVICTED. There are very few reasons that this should be an issue at all.

- Carl

[CdwJava]

Originally Posted by Indeevar2009

In general, I have no idea how much an attorney costs. I hope there not expensive. How much do they reall cost? About $5000 to $10,000. Or does it cost more than that?

I'm just guessing, but for a motion matter? I suspect that you'll get away for under $2,000 ... probably much less.

It really depends on how much work he has to do, or how busy you want to keep him tracking things down for him.

Most attorney offer free consultations. Call around.

- Carl

[Indeevar2009]

I am in response to this thread below:

Originally Posted by CdwJava

Quote:
The judge in the court room read the police report (something I was unable to get) and stated that the agency didn't have enough evidence; however, I very well could have been convicted. After that, he denied my petition. He also said that I could file some kind of motion called a injuctive or adjuctive or justice (I don't remember the termonology he used) after two years. As soon as he said that, I asked for a copy of the police recport; however, he would not give it to me.

That is a motion for injunctive relief ... you'll likely need an attorney to do that.

What kind of motion is this anyway?

[CdwJava]

Originally Posted by Indeevar2009

[b]What kind of motion is this anyway?

As I am not an attorney and not familiar with the filing of these motions, I will have to defer to others. Or, better yet, ask an attorney when you sit down for a consultation. I do not imagine a lot goes into it as it is largely a document that is written in a particular format and then presented to the court.

- Carl

[Indeevar2009]

I am in response to this thread:

Originally Posted by CdwJava

Quote:
The arrest that I am trying to seal & destroy happened on 5/21/07. My case does not have a court case number; in addition, the district attorneys office dropped my case from the calender; moreover, the district attorney rejected my case because of insufficient evidence.

Many cases are dropped by the DA for that reason. That does not mean that there lacked probable cause to make the arrest or sufficient evidence to go to trial, only that the DA opted not to do so for whatever reason. In some instances it is because a key witness flees or declines to cooperate, that sort of thing is not likely to be sufficient to compel a court to issue relief.

- Carl

Wait. let me guess. this is just an example: Say me and my buddy called the police on some women and said she touched my ass when it wasn't true, will it be mandatory for the police to arrest her or put her in custody?

If so, then the world must be crazy?

[CdwJava]

Originally Posted by Indeevar2009

Wait. let me guess. this is just an example: Say me and my buddy called the police on some women and said she touched my ass when it wasn't true, will it be mandatory for the police to arrest her or put her in custody?

NOTHING of the sort is "mandatory". Could they place her under arrest? Sure. WOULD they? Who knows. Since this would likely be a misdemeanor that did not happen in their presence, they would likely want you to make a private person's arrest.

In any event, that has nothing to do with the petition to destroy your arrest record. You had your shot at due process, now you have to find an alternate path.

- Carl