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

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"

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Attorney answers 3


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.


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 advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


Contact your attorney. Good luck.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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