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!
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
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