Need help in sealing arrest record for (allegedly) soliciting prostitution / loitering with intent to solicit (police sting).

Asked over 1 year ago - San Francisco, CA

Attended FOPP without admission of guilt - charges dismissed by DA.
Don't know what constitutes factual innocence
Little more than 2 years old case (I was battling health conditions last year)

If we don't win expungement in court, will court records show up my case , since at least at the moment with DA having dismissed charges, my name does not come up in public background checks

Attorney answers (2)

  1. Robert Laurens Driessen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If a case was filed and subsequently dismissed by the DA you are not going to be eligible for a finding of factual innocence. An expungement will do nothing for you at this point.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  2. Gayle Anne-Marie Gutekunst

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Court records will not be destroyed. A check of court records under your name and date of birth will show what happened, including the dismissal by the DA and that you never admitted guilt.

    Your arrest will always show on law enforcement records, but should not show on the 'background checks' which these shysters offer to anyone who pays. However, your case itself will show up on the background check, as well as the dismissal.

    Note that if the DA dismissed the charges after a not-guilty plea by you, you have not been "convicted" of anything.

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