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How does it follow to seal and destroy arrest record after granted Court's propose order?

Pasadena, CA |

I had filed a petition for seal and destroy my last arrest record and I have already granted a propose order from Court due to my last arrest has been found factually innocent under penal code section 851.8. I urgently need to know how soon will Court send order to arresting law enforcement agency, Dept. of Justic, local and Federal law enforcement agencies to ask for seal and destroy my arrest records or I have to send the Court order to the arresting law enforcement agency to seal and destroy my arrest record personally. Thanks for your answers.

Attorney Answers 3


The court should send the order to the California Felt of Justice within days. But I usually do it for my clients and ask for a conformed copy and then do the same for the FBI to make sure of receipt and give a copy to my client.

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Hi Sir, Thank you very much for your valueable answer. Can you please let me know how/where I can have ask for a conformed copy from FBI? Felt of Justice has confirmed to send order to the law enforcement agencies. Thanks


The clerk in the specific court for the judge is supposed to do this. Most clerks are pretty prompt about sending out the order, but then the DOJ and NCIC are much slower. There is also a hesitation by federal authorities to honor a state court order, so good luck.

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My experience is that the federal data (NCIC) will probably NOT be sealed and will in any event NOT be destroyed. Federal authorities openly take the position that individual State court orders do not apply to mandate destruction of records maintained by a federal agency. Accordingly, what is likely is that the NCIC record will be supplemented with an entry about the fact of the issuance of the state court Order. Less likely, but possible in a universe of inconsistent application of policies, is that NCIC reports issued in the near-term will not include the entry covered by the order. This possibility gets more remote with the passage of time after the fact of the state court order.

I often hear reports from clients that prior court orders have resulted in destruction or permanent deletion of data by NCIC based on state court Orders, but investigation of those reports has never once resulted in a confirmation of that belief.

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