My question involves expungements or pardons for the state of: California
A little background first:
I was arrested back in 1999 for a misdemeanor under the influence of a controlled substance, section 11550(a). I don't remember if I pled guilty or nolo, but I was sentenced to 18 months probabtion and I had to complete a "drug diversion" program. After I completed the probabtion and drug diversion, both were successfully terminated and the criminal proceedings were dismissed.
My questions:
1) I know that in CA, "proof of factual innocence" (PFI) has to be proven to get a petition signed under PC 851.8, which is a ruling to seal and destroy all police and court records pertaining to the case.
Does my dismissal qualify as PFI under section 851.8?
2) I just found out there is a statute of limitations of 2 years after the arrest to file a 851.8 petition. But I read that under 851.8 (i), an extension for longer than 2 years can be granted for a good cause.
How likely am I to get the judge to believe that I was simply unaware that the charge was still on my record, which is why I did not file in the 2 year period?
3) I have been reading that a section 851.8 petition to seal a CR in CA can be very complicated, and it is wise to hire an attorney. However, I am out of work, and almost homeless, and in dire financial straits at this time, and I really cannot afford one. Since I no longer live in the same county, I don't think the public defender can represent me. In fact, they told they couldn't when I called to ask.
If I were to hire an attorney, what would you estimate my chances of successfully getting my record sealed under 851.8? Or are these petitions rarely ever granted, and would I merely be wasting a lot of money I cannot afford to spend on an attorney for nothing?
I am trying to determine:
Do I really have a chance at sealing this record, or am I just spinning my wheels?
If anyone could shed light on this, I'd really appreciate it. Thanks.

