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Destruction Of All Arrest And Prosecution Records in California
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Criminal Defense Blog

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August 25, 2011

California Law Allows For The Destruction Of All Arrest And Prosecution Records

Every day individuals are arrested by law enforcement for crimes they did not commit. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long-lasting.

Even if charges do not follow an arrest, the consequences of an arrest can often be long lasting. An arrest will show up on an employment background check, and can prevent a future employer from considering the person for employment.

However, under certain circumstances, the California Penal Code allows for all records of an arrest to be sealed and destroyed through a Petition for Factual Innocence. California Penal Code Section 851.8 provides for a Petition for Factual Innocence.

If granted, a Petition for Factual Innocence will order that all arrest and prosecution records to be sealed. Once the records are sealed, the seal will last for three years from the date of the arrest, at which time all records are destroyed. The destruction of records includes the Petition for Factual Innocence itself along with arrest records.

If you or a loved one need to have your record sealed, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of having your petition granted. The attorneys at Wallin & Klarich have been helping people for over 40 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at wklaw.com for more information.


paul wallin

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 40 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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