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

Asked over 1 year ago - 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)

  1. John M. Kaman

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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.

  2. Richard Gale Weese

    Contributor Level 4

    5

    Lawyers agree

    Answered . 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... more
  3. Michael Douglas Shafer

    Contributor Level 20

    4

    Lawyers agree

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

  4. Scott David Levy

    Contributor Level 11

    3

    Lawyers agree

    Answered . Look into hiring a private attorney

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,670 answers this week

3,186 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,670 answers this week

3,186 attorneys answering