Petition to Seal & Destroy Arrest Records:
(Law Enforcement Agency)
If you were arrested for a crime and no charges were ever filed by the prosecuting agency in your area (either the City Attorney or District Attorney’s Office), your record will still show an arrest. The arrest record will likely prevent you from getting certain jobs, promotions, or affect your immigration case. California law does however allow you to petition the law enforcement agency which arrested you to seal and destroy your record.
If the law enforcement agency determines that you were "factually innocent", it must seal your record for three years and then completely destroy it. Once your petition is granted, it is as if the arrest never occurred and you can answer any question on any application accordingly.
The law enforcement agency along with the prosecuting agency has 60 days to review your petition and accept or deny it. If more than 60 days pass and no determination is made, your petition will be deemed denied. If your petition is denied, you must file a formal petition for finding of factual innocence with the court. We can prepare the court papers for finding of factual innocence.
Petition to Seal, 2 step process:
1) Complete the Petition Questionnaire:
Complete the easy questionnaire. You must have your arrest information in order to complete the questionnaire.
2) We Create and mail your Petition to you with specific instructions on how to file it with the Law Enforcement Agency:
We will review your answer for completeness, prepare your documents and send them to you for signature and specific instructions on how to file them with the police agency.
