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California Law Allows All Arrest and Prosecution Records Sealed and Destroyed When a Petition for Factual Innocence is Granted

By Walin & Klarich

Being arrested can be one of the most frightening and stressful experiences an individual can go through. Beyond the threat of loss of liberty, the negative social and economic consequences of an arrest can often be long lasting. However, under certain circumstances, the California Penal Code allows for all records of an arrest to be sealed and destroyed through a Petition for Factual Innocence. California Penal Code Section 851.8 provides for a Petition for Factual Innocence (PFI). A judge who grants a PFI will order that all arrest and prosecution records to be sealed. Once the records are sealed, the seal will last for three years from the date of the arrest, at which time all records are destroyed. The destruction of records includes the PFI itself along with arrest records...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 19, 2009 (boomark / email).