I was arrested for warrants on someone with a similar name, I had the arrest record sealed and destroyed on grounds their was no reasonable cause due to sloppy police work.
Under Penal Code section 851.8, you can make a motion for a declaration of factual innocence and an order for the sealing and destruction of arrest records. You'll have to show that no reasonable cause exists to believe that you committed the crime, so you'll have to present evidence. Preliminarily, you would bear the burden of proof, so I strongly suggest you retain an attorney for this process. Good luck.
My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.
As I read the question you already have had the record sealed. The chances of your being compensated are small but you should talk to an attorney (probably civil rights) who deals with wrongful arrests.
Suing the government is a painstaking and expensive process. Government employees are given great deference in their duties, meaning that they are allowed to make mistakes without being sued. So you would need to prove that their actions were beyond that level of deference. Here, there was information linking you to the suspect, and that may be excuseable.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline