Skip to main content

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


  1. Best answer

    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.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.


  2. 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.


  3. 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.

    NOTHING SAID HERE IS LEGAL ADVICE! Read this notice BEFORE you contact me! My posts on Avvo in response to the public's questions are never offered as legal advice. Do not rely on any response posted by me as applicable to your specific problem or circumstances. Exchange of information through Avvo's Questions - Answers forum does not establish an attorney-client relationship with me or my law firm. My law firm does not provide free consultations. See http://www.avvo.com/legal-guides/ugc/free-consultation-the-purposes-and-utility-of-free-for-potential-clients-and-for-attorneys for further details on that issue. Please do not call or email me with a “few questions.” I give advice, make recommendations, and answer specific questions only after reviewing the documentary record and other evidence applicable to a specific client, and only in the course of or following a conference with my client in which all of the relevant information can be identified and developed. AND I give legal advice ONLY in the course of an attorney-client relationship created and defined by a written contract for services, signed by my client and by me or a member of my firm, for which payment has been made. My law firm presently accepts cases involving State and federal licenses and permits; professional (State or federal licensing agency) discipline against State and federal licenses; and disciplinary and academic disputes involving universities, colleges, boarding schools, and private schools. We accept grievances, administrative claims, arbitrations, mediations, negotiations, and other non-litigation matters pertaining to employment, hospital and facility privileges, tenure, and contractual disputes. We conduct seminars and training in employment law for employers and union advocates, and in issues of professional/occupational licensing law for criminal defense attorneys. We accept NO contingency work, and we take no matters for which CCP discovery is applicable.

Criminal defense topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics