What is the statue of limitations on CA p.c. 851.8. When reading Section D and Section L it contradicts itself.

Asked 7 months ago - Torrance, CA

My Case was dismissed under P.C. 1385. It has not been two years since my dismissal. Do I still qualify (time wise) for this relief? Section C also contradicts D and L. It says "the defendant may, at any time after dismissal of the action, petition the court"

Attorney answers (3)

  1. Greg Thomas Hill

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Two years. You still have time.

    Be sure to first ask the arresting authority to agree to such relief before filing your petition with the court. I have one of these petitions pending right now in the East LA court.

  2. Benjamin Peter Theule

    Contributor Level 6

    1

    Lawyer agrees

    Answered . You still qualify for relief since it has not been two years since your dismissal. But I definitely agree that you should petition the arresting agency first. Many times talking with them is a quicker and less time consuming way to get this incident off your record.

    The information above is for general information purposes only. Nothing in this reply should be taken as legal... more
  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Contact your attorney. Good luck.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more

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