Factual innocence

[thebrain]

At the end of July 2010 I was arrested for dui. I Showed up for my arraignment and I got a slip of paper from the court clerk that said " The DA has at this time decided to reject charges against you"

And to my knowledge that was the end of it, I never got anything in the mail or was told that they decided to file after all.

I have been waiting for the statue of limitations to run out, less I piss off some da, and they decide to come after me anyways.

The one year statue of limitation in california just passed.

My question is as follows, what are my chances of getting a petition of factual innocence and getting the arrest taken off my record?

 

[CdwJava]

My question is as follows, what are my chances of getting a petition of factual innocence and getting the arrest taken off my record?

The "chances" depends on the nature and details of the incident, and whether or not the DA or the agency will object. You may not know this until you submit you petition.

 

[thebrain]

I was sleeping in the car and my bac was .050. The car was legally parked and off, but i left the head lights on, that is what caused the police to take notice.

does that make tings any clearer?

Another better question is: should I care if I have an arrest on my record and not a conviction? Could that affect future employment opportunities? Will a background check even turn up an arrest without conviction?

And also would the getting factual innocence completely erase my record? I would still think it would exist somewhere.

 

[CdwJava]

I was sleeping in the car and my bac was .050. The car was legally parked and off, but i left the head lights on, that is what caused the police to take notice.

If this was the case, then I suspect the DA declined to prosecute as there was no vehicle movement observed, and none of the exceptions to this element were articulated.

If the report reflects this, then while the agency might still object to the purge of the record (they usually do so as a matter of course) a petition stands a decent chance of being approved by the court.

Another better question is: should I care if I have an arrest on my record and not a conviction? Could that affect future employment opportunities? Will a background check even turn up an arrest without conviction?

Yes, a background check might show the arrest. It depends on what records are checked in such a check. While the court would not likely have a record if no charges were sought by the DA, the jail and the police department would hold records. Most private employers do not check local jail and police records for contacts, and state criminal offender records that would reflect the arrest cannot be accessed by most private employers.

And also would the getting factual innocence completely erase my record? I would still think it would exist somewhere.

Someone somewhere might hold some record of the arrest, but you cannot erase memories and computer systems can have long memories.

 

[ftp2011]

arrest still shows up as pending?

Ya, I had the same thing happen to me. I'm a teacher, will the arrest still show up as pending? Is it worth it for me to get the factual innoncence petition? The racist cops tried to say I was on drugs and alcohol, of course when the blood work came back they had no evidence. They even let my passenger drive my car and follow them to the jail to wait for me. She blew 0.05, which was higher than mine of course!

 

[Zigner]

A decision not to prosecute is NOT the same as "factual innocence."

 

[CdwJava]

A decision not to prosecute is NOT the same as "factual innocence."

What the OP was referring to is the process in CA whereby the person can be found to be "factually innocent" pursuant to a petition made per PC 851.8.

ftp2011, please post any further responses to a new thread that you can start on this forum. In short, your arrest may show up as pending if the organization doing the background check searches the right database. If you are a teacher in CA, and your school district receives subsequent arrest notifications and you were printed when you were arrested, they will likely receive this notification at some point.

Yes, you can seek the petition if there re no further proceedings against you.

Your rant about "racist cops" is irrelevant and inflammatory and only serves to diminish any argument you might otherwise have.

And a note on blood work: They do not test for all drugs. The typical DOJ screen tests for a standard 6 drug panel. Many psych meds and newer synthetics do not appear on the test and are not screened unless requested. It is possible to be prosecuted and convicted for DUI even without a positive drug test. However, that generally requires the evaluation be done by a DRE and that the DA knows how to make such cases.

Oh, and a BAC of .05 is not - absent other articulable and objective symptoms - sufficient to show DUI by itself. Therefore, your passenger was likely permitted to drive as they were not yet showing themselves to be impaired.

 

[ftp2011]

wtf

I don't do drugs! There are no drugs EVER in my system so I don't know what the hell you're talking about how they couldn't test for drugs in me!!!!!!! The cops were racist and made stuff up! They said they pulled me over because I used my brakes. I used my brakes to stop and see the street sign, duh!!!!!!

 

[ftp2011]

pending?

And why would is show a pending charge if I have a letter from the DA saying they're not filing charges? They're not filing because they have ZERO evidence because I don't do drugs!

 

[asiny]

I don't do drugs! There are no drugs EVER in my system so I don't know what the hell you're talking about how they couldn't test for drugs in me!!!!!!! The cops were racist and made stuff up! They said they pulled me over because I used my brakes. I used my brakes to stop and see the street sign, duh!!!!!!

Calm down. CdwJava was not attacking you, I read their post as information and were simply making a statement regarding the drug test - remember that this forum is not just to help those that post, but to those that come searching too.

How long ago was the 'arrest'? Has the SOL expired? Have you contacted the DA in regards to the letter and the "pending arrest"?
Especially in your position, (being as this is your 1st time being arrested) contacting the DA to inquire about this 'pending arrest' might be in your favour because of how it could negatively affect your present (or future) employment.

Had you been drinking that night? What was your breathalyser reading?

The cops were racist and made stuff up!

What was it that made you believed they were racist? What did they make up? Did they give you an FST? Did you fail, or what did they say you failed on?

They said they pulled me over because I used my brakes. I used my brakes to stop and see the street sign, duh!!!!!!

Did you do this at a stop sign? an intersection? or was it randomly on the street were you were intermittently riding the brake because you were lost/unfamiliar with the area?

The point I am trying to make is that using your brakes are fine, but you may have arose their suspicions if how you were braking and that there was no reason for you to be braking, trying to see the street sign (by this I am assuming you meant read the street name) is not a reason.

 

[stealth2]

Ya, I had the same thing happen to me. I'm a teacher, will the arrest still show up as pending? Is it worth it for me to get the factual innoncence petition? The racist cops tried to say I was on drugs and alcohol, of course when the blood work came back they had no evidence. They even let my passenger drive my car and follow them to the jail to wait for me. She blew 0.05, which was higher than mine of course!

Please don't hijack another poster's thread.

 

[CdwJava]

As I said, if there are further responses or questions, please start your own thread.

Oh, and ftp2011, take a chill pill. I never said you were impaired. You asked for information, I provided some. If you do not want information, then please find another site to vent on.

 

[I_Got_Banned]

Ya, I had the same thing happen to me. I'm a teacher...

wtf

I don't do drugs! There are no drugs EVER in my system so I don't know what the hell you're talking about how they couldn't test for drugs in me!!!!!!!

The cops were racist and made stuff up!

They said they pulled me over because I used my brakes. I used my brakes to stop and see the street sign, duh!!!!!!

If you're a teacher, then I weep for the future of this country!!!