The phrase "In the interests of Justice" encompasses a variety of situations. This can include instances where a key witness is unavailable or unwilling to testify, a reassessment of the case due to the emergence of new evidence casting doubt on the defendant's involvement in the alleged offenses, or a request from the District Attorney (DA) following the suppression of evidence due to Fourth Amendment violations. For instance, if law enforcement seizes a firearm from the trunk of a car without consent or probable cause to search, leading to the suppression of the gun as evidence, the DA would be unable to pursue a case against the defendant for possession of a firearm by a felon. The possibilities are extensive.
The upside of getting the case dismissed is you can pursue record sealing for a case which did not result in dismissal under Penal Code section
851.91. This seals the public record, removes reference in background checks, but is still available to police. The CARE Act, found within the Penal Code sections 851.87 to 851.92, serves a crucial role akin to a Petition for Factual Innocence, albeit with a more accessible standard for individuals seeking to clear their records.
If you can prove there was no reason to have arrested you, then seeking destruction of
all records may be pursued under Penal Code section
851.8. See People v. Bleich, supra, 178 Cal.App.4th at p. 300, 100 Cal.Rptr.3d 288 [factual innocence requires a showing that petitioner “was actually innocent and under no set of circumstances could be subjected to the criminal process.” Under this statute, unlike under section 851.91, police must also permanently seal then destroy (3 years post arrest) all records. The FBI will remove the arrest from your national criminal history profile (aka NCIC). The statute includes every conceivable record, including fingerprints. See People v. Christiansen, 230 Cal. App. 4th 178, 178 Cal. Rptr. 3d 396 (2014) “[F]ingerprint impressions obtained at time of arrest were part of arrest record and thus had to be destroyed after finding of factual innocence.”
Once you receive any form of relief, it is important to send a copy of the order to the major data brokers who index such information and resell it to individuals to potential employers. Data brokers typically do not look back to see what happens after an arrest, they simply index what the court reported at one point. Ultimately, the removal, deletion, or erasure of an individual's arrest record or a case dismissal from their criminal history eliminates the stigma associated with the presumption of wrongdoing simply because of the arrest itself. This action can significantly benefit individuals in their pursuit of employment and housing opportunities. Best to you in your efforts, Darren Chaker
