Seal/destroy arrest record (case dismissed)?
3 attorney answers
Concur with my colleagues that PC851.91 et seq may EVENTUALLY provide you with some relief. What's the rush?
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
I think Mr. Hill is referring to Penal Code 851,91 and it would be premature to file now unless it was dismissed with prejudice. You must wait until the statute of limitations have elapsed and the DA can no longer refile. You can also file a petition of for finding of factual innocence, but you'll need proof to establish your innocence. Best to consult with a criminal defense lawyer with experience with these kinds of motions. Many of us who do this work will provide a free consultation to discuss the options.
The CARE Act, or SB 393 (Penal Code section 851.97), is what you will want to proceed under. You can proceed now.