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Felony Arrest Without Prosecution: Record Sealing Options?
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45+ Years Criminal Defense

Experience in California

I was arrested for a felony offense and after I bailed out the District Attorney refused to prosecute. Is there anything I can do to seal my criminal record?

YES. Under Penal Code Section 851.8 you can retain an experienced criminal defense law firm to represent you to file a motion to have your arrest record sealed and they destroyed. This is not an easy process. First you must bring the motion within two years of your arrest. In some cases if we can show good cause for a longer delay in filing the motion the court may still consider the motion. The court has to find at the hearing of the motion that the police did not have “probable cause” to believe that you were in fact guilty of the crime. When this motion is granted the court orders that the record of your arrest first be sealed and then that it be destroyed. If this occurs then nobody would be able to see that you were ever arrested for this offense.


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