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DA rejected my case due to Insufficient Evidence. What does it mean? What can I do about the arrest?

Sacramento, CA |

Other than a speeding ticket once, I have NO criminal background. My (ex)husband filed an inaccurate police report, stating he received "scratches" during an argument we had. Needless to say I was arrested for Domestic Violence. I posted a $25,000( 2500) bail and during arraignment found the DA rightfully rejected the case due to Insufficient Evidence. What does this mean? What can I do about the arrest? Can I have it expunged? Sealed? I'm afraid it'll hurt my future employment as I'm a current Criminal Justice major.

Attorney Answers 2


  1. Let's look at each issue:

    Bail - sorry, but the money you paid a bail bondsman is gone. That was the fee for them to post the entire bail for you. If you posted the entire amount, you would be entitled to get it all back, but it sounds like you went through a bail company. That money is gone.

    In regards to the arrest, since the DA didn't file (they rejected it, saying they didn't think there was sufficient evidence to file charges), you may be able to seal your records and eventually have them destroyed pursuant to Penal Code section 851.8. Contact a local criminal defense attorney in Sacramento to discuss this.

    Of course, you may still have to explain the arrest in any background check, so take whatever steps you can with an attorney to minimize the impact on your record.


  2. It is possible to have your arrest record destroyed. To have an arrest record destroyed you must seek a Finding of Factual Innocence. Because charges were not filed you must first request this from the police agency that arrested you. If the police deny your request then you will have to file a motion in court. The burden is yours, which essentially means you will have to prove to the court that you were in fact innocent of these charges.

    Brian Andritch
    www.jeffhammerschmidt.com

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