Got arrested for domestic violence in May 2018, and it was dismissed due to lack of evidence. Stayed in jail for a night and was released next morning without being in the court or whatsoever. What’s the next step I should take to seal and destroy the arrest record? Can I do it now or have to wait? If I have to wait, how long?
The CARE Act, or SB 393 (Penal Code section 851.97), is what you will want to proceed under. You can proceed now.
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.
Concur with my colleagues that PC851.91 et seq may EVENTUALLY provide you with some relief. What's the rush?
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