Skip to main content

I was arrested in 2008 for Residential Burglary charges, I took my case to trial and after false testimony & lack of evidence

Corcoran, CA |

the case was dismissed without prejudice and I thought that was the last of this issue. I recently was on line doing a back ground search on some one when I decided to do 1 on myself , Upon reading mine I saw that I had this Burglary Charge on there. I would like to know how I would go about having that removed seeing's the case was dismissed, especially after so much time has passed? What do I need and how do I get it removed from my record?

Attorney Answers 4


  1. Best answer

    I am not sure from your answer exactly what is showing on the background search. If there is inaccurate information, go to the California Attorney General Website at www.ag.ca.gov and fill out a form available online to have your record corrected to show dismissal of the case. I would think that having the entire record removed is going to be an uphill battle. What dismissal means is that the prosecution failed to prove your guilt beyond a reasonable doubt, not that you were innocent. You certainly may have been innocent, 851.8 relief is not available once two years has passed.


  2. Depending on the evidence, you can do a petition to seal and destroy the arrest record under Penal Code Section 851.8, but the standard of proof is high and the chance you would win is low. Otherwise, the record of the court will remain as is.

    No legal advice is given here. 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 & Answers 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. I am only licensed in the States of California and New York and the District of Columbia


  3. Your biggest hurdle is that there is a 2 year statute of limitations from the date of dismissal on filing a motion for a finding of factual innocence. If such a motion were granted, your record would be sealed, which is a true expungement. Since you're past that date, your motion would be untimely and would be denied. Not sure what else you could do at this point.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.


  4. See an Attorney about an 851.8 petition, I do them often

    My name is Stephen R. Cohen and I have practiced over 39 years and can be reached at 213-819-1171. I in Los Angeles and Orange County, California. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site.

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