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  1. #1
    Join Date
    Mar 2012

    Default Can You Seal or Remove Arrest and Detention Records

    My question involves criminal law for the state of: California

    Thank you for the opportunity to address these questions.

    Back in 1987 I was arrested five times including: arrest 1 disturbing the peace, arrest 2 under the influence, arrest 3 under the influence & resists public officer, arrest 4 battery peace officer, resists public officer & under the influence, arrest 5 under the influence. The battery citation's resulted from cursing and once they actually smashed my face on the hood of their car chipping a tooth. One of these arrests resulted in my children being removed from the home. It was a bad year and while I can not change it I feel triumphant that I concurred this trying time. I got treatment and my children were returned to my sole custody and I have never been in trouble again.

    At any rate the disturbing the peace and all the under the influence citations were never brought to court. The battery and resists arrest citations have two case numbers which are the same and they were dismissed/ diverted. My question is this considered a criminal record? Also can I use form; Petition To Seal And Destroy Adult Arrest Records (Penal Code 851.8)? If so how hard is it? I did not know about this record til 2005 when it was ran the first time and never knew one could do this? I have done local police injuries and they don't have any record of the arrests.

    This has become a concern recently because I am trying to get custody of my Grandson. Last year in March with the same records I was given custody of my medically fragile Granddaughter and now this time they are are saying I have a criminal record. I have actually passed employment checks based on the above information. I am disappointed & confused and anxiously awaiting your answer.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can You Seal or Remove Arrest and Detention Records

    The law pertaining to arrest records in cases that are not prosecuted is discussed in this thread.

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