What is form L-310?What is the name of your state (only U.S. law)? California
I am completing form L-310
What should I indicate for request for relief of 2 year time restriction?
Its been 7 years since my arrest.
Thank you for any help!
Ok, OC it is.What is the name of your state (only U.S. law)? California
I am completing form L-310
What should I indicate for request for relief of 2 year time restriction?
Its been 7 years since my arrest.
Thank you for any help!
I am not sure I understand your question.What is the name of your state (only U.S. law)? California
I am completing form L-310
What should I indicate for request for relief of 2 year time restriction?
Its been 7 years since my arrest.
Thank you for any help!
Why do you think it would show up on your background check? Why do you think an employer is even allowed to consider an arrest that didn't lead to a conviction.Thank you for the responses. Yes, it is OC.
I'm entering the job market (I've always been self-employed), so it will be necessary to remove the arrest from my background check.
I'm assuming that I must indicate an acceptable and valid reason. I don't know what that would be.
You indicate that you are "factually innocent" and give the reason for this factual innocence (e.g., arrest but no charge, charge but no conviction, etc). That will be an acceptable and valid reason.Thank you for the responses. Yes, it is OC.
I'm entering the job market (I've always been self-employed), so it will be necessary to remove the arrest from my background check.
I'm assuming that I must indicate an acceptable and valid reason. I don't know what that would be.
That's an acceptable and valid reason for removal of the arrest record, but it's not a valid reason for a waiver of the two-year time limit in which to make such a request.You indicate that you are "factually innocent" and give the reason for this factual innocence (e.g., arrest but no charge, charge but no conviction, etc). That will be an acceptable and valid reason.
The link I provided addresses the two-year limit. The two-year restriction is from the date of the arrest or the filing of the accusatory pleading. The date of arrest/pleading should be noted along with the disposition.That's an acceptable and valid reason for removal of the arrest record, but it's not a valid reason for a waiver of the two-year time limit in which to make such a request.
Right - it's been 7 years for our OP.The link I provided addresses the two-year limit. The two-year restriction is from the date of the arrest or the filing of the accusatory pleading. The date of arrest/pleading should be noted along with the disposition.
Here is a link to the form: http://www.occourts.org/forms/local/l310.pdf
Ahh. I see now what you are saying.Right - it's been 7 years for our OP.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=851.8
(l) For arrests occurring on or after January 1, 1981, and for accusatory pleadings filed on or after January 1, 1981, petitions for relief under this section may be filed up to two years from the date of the arrest or filing of the accusatory pleading, whichever is later. Until January 1, 1983, petitioners can file for relief under this section for arrests which occurred or accusatory pleadings which were filed up to five years prior to the effective date of the statute. Any time restrictions on filing for relief under this section may be waived upon a showing of good cause by the petitioner and in the absence of prejudice.
The OP had two years from the date of the arrest to request that the records of it be destroyed. The OP must request a waiver of this time limit and is asking us what he should say. Since the standard the court will use is a bit "loose", then his reason for the delay might work.
ETA: The question of factual innocence is unrelated to the question that the OP has asked...that's what I'm trying to say.
There are very few legal reasons that employment would be denied in California base on an arrest with no conviction.Thanks again for the further replies.
I really have no excuse for the delay... other than I never knew an arrest without conviction could appear in a background check, until a buddy of mine was denied employment for something similar. Also, I never had any intention of working for anyone other than myself. That time has come, however.
I am just trying to understand what they want for the reason for relief, so I can increase my chance of success Somehow, "I didn't know", or "I need to get a real job" don't seem plausible.
Some background check companies mine the police databases for arrests and these arrests can show up on the background check reports, just as mug shots can appear on websites. The reports may not include the dispositions of cases - an update of the reports to show arrests did not result in charges or charges did not result in convictions.Thanks again for the further replies.
I really have no excuse for the delay... other than I never knew an arrest without conviction could appear in a background check, until a buddy of mine was denied employment for something similar. Also, I never had any intention of working for anyone other than myself. That time has come, however.
I am just trying to understand what they want for the reason for relief, so I can increase my chance of success Somehow, "I didn't know", or "I need to get a real job" don't seem plausible.