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What to indicate for relief of 2 year time restriction?

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motion999

Junior Member
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!
 


Zigner

Senior Member, Non-Attorney
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!
What is form L-310?

ETA: It's not a California form (http://www.courts.ca.gov/formnumber.htm) so it must be a local form. Please tell us what county and what your story is. Thank you.
 

Zigner

Senior Member, Non-Attorney
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.

Why did you wait seven years?
Why does it even matter?
 

quincy

Senior Member
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 your reason for requesting relief? That is what you put in that section of the form.

Here is a link to Section 851.8 of the California Penal Code: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=851.8
 
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motion999

Junior Member
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.
 
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Zigner

Senior Member, Non-Attorney
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.
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.

And, finally (and AGAIN), why did you wait SEVEN years? Just not wanting to do it within the time-frame required isn't going to cut it as an excuse.

ETA: Upon further reflection and review (of the link Quincy gave above), your reason MAY work, since all it requires is "good cause" for them to grant a wavier.
 

quincy

Senior Member
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.
 

Zigner

Senior Member, Non-Attorney
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.
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.
 

quincy

Senior Member
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.
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
 

Zigner

Senior Member, Non-Attorney
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
Right - it's been 7 years for our OP.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=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.
 

quincy

Senior Member
Right - it's been 7 years for our OP.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=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.
Ahh. I see now what you are saying. :)
 

motion999

Junior Member
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.
 

Zigner

Senior Member, Non-Attorney
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.
There are very few legal reasons that employment would be denied in California base on an arrest with no conviction.

With that said, I think "reentering the job market" might work for you as a reason. The court has pretty wide discretion on this.
 

quincy

Senior Member
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.

If erroneous information appears on a background report, contact the background check company to have the information removed. The background check companies are governed by the same FCRA as credit reporting agencies.

Any true reason is a valid reason for the purposes of filling out the form.
 
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