After going to a jury trial. My PD was able to prove that I was lured into commit a crime by the persuasive behavior of the female cop. I am glad that phase is over and feel good about being back into society as a free man. Now I wonder if I could erase my arrest record for employment-seeking purposes.
CA Labor Code section 432.7 prohibits employers from using your arrest record in making hiring decisions, but you are not incorrect in worrying. It is very ineffective for effectuating CA employment law policy.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
It may depend on the court where you were charged and tried. In federal court it is difficult to seal or expunge anything, but state court may be a different matter. I think you should direct this question to your PD. If he or she cannot help you, you might try consulting with a private attorney. Congratulations and good luck.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
The best thing if you have not already done so, is to ask your public defender who did a great job and obtained an acquittal at trial. Congrats on that! As to clearing your criminal record of arrest and being charged, that is a different issue as I'm sure your PD advised you. The burden of proof in a criminal prosecution is proof beyond reasonable doubt, a high standard of proof to convict. The best example is the OJ Simpson case where in the jury acquitted, but in a civil lawsuit, found by a preponderance of evidence that OJ killed his former wife and her friend. To clear your arrest record, it must be shown that you were factually innocent of the crime alleged. Talk to your PD who, based on the acquittal, did you the best absent a dismissal prior to trial. Bottom line is that you have no conviction on your record as a result of this incident so on employment questionnaires, on the question of whether you have a conviction, at least as to this incident, you can truthfully state "no." Beyond that, depending on what you intend to do for employment, the best thing to do is to consult an experienced employment lawyer on how the arrest record can affect you.
Family Law Attorney
Consider hiring an attorney to do an 851.8 motion
If you are involved in a criminal law matter in Los Angeles, Orange County, Riverside or San Bernardino, California. Consider how much your freedom is worth. Other States have different Laws. Always, consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.
YOU HAVE ABSOLUTE RIGHTS TO COUNSEL, TO CONFRONT YOUR ACCUSERS
TO REFUSE TO TESTIFY AGAINST YOURSELF,
TO WITNESSES BEING SUBPEONED,
ETC. GUARANTEED BY THE CONSTITUTION
DO NOT WAIVE THEM, IF NECESSARY ALLOW YOURSELF TO BE ARRESTED. IN MY 40 YEARS OF EXPERIENCE 99% OF THE PERSONS WHO HAVE TALKED WITH THE POLICE HAVE HURT THEIR CASES!!
WOULD YOU BET MONEY ON THOSE ODDS, WHY BET YOUR FREEDOM! POLICE ARE TRAINED IN INTERROGATION TECHNIGUES AND ALLOWED TO LIE, THEY ARE TALKING TO YOU TO GET EVIDENCE TO USE AGAINST YOU!!
YOU CAN TALK TO YOUR ATTORNEY AND HIS STATEMENTS TO THE POLICE CAN NOT BE USED AGAINST YOU.
In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..
If judges or juries do not accept your facts, that will change their judgments and each of them have differing biases. Each case is different. No lawyer can guarantee an outcome, at a hearing or trial other facts may come out.
If you like my post, please mark it as “best” or “helpful”. I do not accept collect calls from inside jail or prisons; often they are listened to.
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.
Criminal Defense Attorney
To seal an arrest record you must first petition the arresting agency, then petition the court. The Attorney could have made an oral motion at the time of the acquittal and if the Judge determined your were factually innocent (different than not guilty verdict) then he/she could have ordered the arrest sealed. Now, it must be done through a motion to the court, AFTER petitioning the arresting agency. According to the California Court of Appeals, a finding of factual innocence shall not be made unless no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made, this is a tough burden to meet. You will certainly need an experienced attorney in order to successfully petition and win this motion.
Criminal Defense Attorney
Yes. You can apply to have your arrest record sealed based upon insufficient probable cause to arrest. This is a separate motion and may not be opposed if you were acquitted in your case.