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.
Family Law Attorney
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.
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Criminal Defense Attorney
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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Administrative Law Lawyer
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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