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Can i get this sealed and destroyed.

Sacramento, CA |

I am from sacramento, California and few years ago I was cited for petty theft and my case was dismissed after i took a class on theft. SO there is no conviction on my record but I was wondering if I'd be able to get my "arrest" sealed and destroyed so if I am ever finger printed for a job or license as a nurse it wont show up. I got a background check done and it came out clean but I am not sure it will be clean if I am ever finger printed.

Attorney Answers 3


Check your California Dept of Justice criminal history report ("Live Scan") by ordering a current copy at any of thousands of outlets throughout the state. That is fast, cheap and reliable. What is on your Live Scan will stay there and will be reported and visible to any California State licensing agency including the nursing agencies (BRN and BVNPT), unless you succeed in an effort to obtain an Order of Factual Innocence (unlikely on these facts). California State licensing agencies will require disclosure and an explanation of any improper conduct reported in criminal history reports, but a single theft incident not leading to conviction will not usually cause denial of a California nursing license.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Probably not. Expungement is limited to cases that are dismissed or where you win at trial. And then you will probably have to file a motion for a finding of factual innocence, which the DA can oppose. If you plea but the charges are dismissed, that is the best you can hope for. In Sacramento, you can go online at and click on search case index to check and see if your case comes up.

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7 lawyers agree


No. Not without an order of factual innocence.

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