If criminal charges were dropped, could I have the arrest record sealed

Petitions for Factual Innocence (PFI) under Sec. 851.8 of the Penal Code are my specialty. I have done many of them, from San Francisco to Los Angeles. I also give training to other lawyers how to do these petitions. You can see a recent article I wrote about it in California Lawyer Magazine here:

http://callawyer.com/story.cfm?pubdt=NaN&eid=901853&evid=1

The PFI is very valuable because a mere arrest record can jeopardize occupational licensing, jobs, promotions, child custody, security clearances, immigration, credit applications and insurance premium rates.

The reason I am mentioning all this is that, in my view, factual innocence is a complicated area of law that is in general poorly understood by defense lawyers, prosecutors, and judges. In addition, the statute itself is very poorly drafted. In fact, the statute contradicts itself as to when petitions can be filed. In addition, many judges still believe that if the police had probable cause to arrest you, you cannot get a PFI granted. Totally untrue. I would suggest looking at Attorney Kaman's response to a similar question on this AVVO page: http://www.avvo.com/legal-answers/ability-to-move-for-a-finding-of-factual-innocence-5445.html

If even attorneys find these hard to win, is it wise to waste your one chance at clearing your record by trying to do it yourself?

If the petition IS granted, all the arrest and court records are totally sealed and then destroyed so you have a totally clean record again. Of course I have an interest in people retaining me, but it is also just simply true that these petitions are too complicated for a lay person to prosecute by himself. I believe there is a "fill in the blanks" form, but I never use them. They just don't present your case well enough to get good rulings.

To learn more about the PFI, you can read the articles on my website here, or call me for a free consultation to see if I can help you:

http://lawyer-expungement.com/petition.htm

And

http://lawyer-expungement.com/results.htm


Good luck.

If you were arrested and no charges were ever brought, then the statute allows you to petition for factual innocence and have your record sealed.

Edward J. Blum