Criminal Records: How to Petition Court to Seal Criminal Record Under New California Law: PC Sec 851.87

samedi 28 février 2015

My question involves criminal records for the state of: California



On January 1, 2014, CA PC Sec 851.87 went into effect. Details of the law and the precise language can be found here: http://ift.tt/1qfPX6R.



In summary, this addition to the CA penal code allows for in certain instances and for certain misdemeanor violations, a defendant to petition the court to have their arrest/case record sealed from public inspection. Prior to this legislation, such relief was only available for certain drug related offenses, while for all other diverted offenses the arrest/case record remained publicly accessible and the benefit was therefore equivalent to expungement as defined in CA PC Sec 1203. Unfortunately, the relief is limited to the local jurisdiction: the outcome of the petition will not be forwarded to the California DOJ. But it's better than nothing and a step (depending on your opinion of the matter) in the right direction.



The main requirements are that:

1. The defendant successfully completed a pre-trial diversion program pursuant to CA PC Sec 1001.1-9.

2. At least two years have elapsed since completion of the program.

3. The violation was a misdemeanor, and not among those offenses exempted (such as certain vehicular code violations, sexual offenses, etc.).



In 2009 I committed such a qualified offense (CA PC Sec 484(a) - petty theft) and the case was successfully diverted the same year. I wish to file a petition under the new statute; however, I cannot find any information on any California court webpages. Should I just file the relevant petitions for relief under CA PC Sec 1203 (Order to Dismiss forms) and indicate that I want to obtain relief under CA PC Sec 851.87?



I know that I can call the court to find out, but I wanted to see if I could get an answer sooner over the weekend from someone in this community. Furthermore, since there is a lot of confusion about expungement in California and what it does and does not entail, I thought this would be a useful educational post to other interested people.



Thanks!





Criminal Records: How to Petition Court to Seal Criminal Record Under New California Law: PC Sec 851.87

0 commentaires:

Enregistrer un commentaire