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Department of justice wanted me to seal an arrest record from 1988 for 11350(a) no convictions no disposition

San Jose, CA |

purchased a firearm gotten a delay DOJ said i need to petition to seal and destroy an arrest record i had occurred in 1988 with no disposition no convictions is this still possible for the LA Sheriff to seal this arrest sheriif dept had all this information purged

Attorney Answers 4

Posted

Even when the sheriff has the information purged the arrest continues to be reflected on your record at the DOJ. For a conviction this old where no records exist it may be possible to get a petition for factual innocence granted. The DA can't oppose it without records. There is also the possibility of having this changed to a detention, not an arrest, pursuant to PC 851.6 which is easier to get. Your records will be changed to reflect a detention not an arrest if you win this.

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Posted

I agree with Mr. Kaman. The arrest remains but the Detention route may be your best shot

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Posted

As has been said, you should have an attorney look into whether a finding of factual innocence or a change from arrest to detention makes the most sense. The other advice given here covers your options.

This is general legal advice and does not apply to the facts of any particular situation or case. This advice does not constitute any type of attorney-client relationship and creates no privilege between the parties.

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Posted

Look into hiring a private attorney

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