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  1. #1
    Join Date
    Oct 2012
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    256

    Default Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    My question involves criminal records for the state of: CA

    Hey so I have been arrested twice this year for possession of hash while I have had a physicians recommendation for the use of medical marijuana during both arrests. In both arrests the hash did not belong to me and in one of the arrests my friend actually told the officer that it was factually his hash, but when he was told he was then going to jail for it he quickly recanted then because it was closest to me because I was in the back seat the officer arrested me on the ride to the station the officer apologized to me saying I know it was your friends hash and not yours but if I would've arrested him then my sergeant might've kicked him loose because he recanted. Both times after being in jail I never saw a judge and was released after 72 hours with a letter saying you we're never arrested only detained. But a few websites have posted things saying that I was arrested and now apparently they are calling me a felon which I am not.

    So I would like to file for a Section 851.8 how would I do this and what are the chances of it getting approved?

    Please help with this

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Quote Quoting matt4200
    View Post
    My question involves criminal records for the state of: CA

    Hey so I have been arrested twice this year for possession of hash while I have had a physicians recommendation for the use of medical marijuana during both arrests. In both arrests the hash did not belong to me and in one of the arrests my friend actually told the officer that it was factually his hash, but when he was told he was then going to jail for it he quickly recanted then because it was closest to me because I was in the back seat the officer arrested me on the ride to the station the officer apologized to me saying I know it was your friends hash and not yours but if I would've arrested him then my sergeant might've kicked him loose because he recanted. Both times after being in jail I never saw a judge and was released after 72 hours with a letter saying you we're never arrested only detained. But a few websites have posted things saying that I was arrested and now apparently they are calling me a felon which I am not.

    So I would like to file for a Section 851.8 how would I do this and what are the chances of it getting approved?

    Please help with this
    First, possession is a crime of dominion and control and NOT ownership.

    Second, the recommendation does not give you a free pass, it allows them to give you a pass and allows you an affirmative defense at trial, but only the state-issued DHS card can give you the truly free pass (for possession, not sales or even for smoking it in a car or driving impaired)... perhaps you should consider obtaining the DHS card.

    As for PC 851.8 you have to petition the court and notice the DA and the arresting agency who will then have an opportunity to oppose the petition. The court likely has a form or a procedure that you can follow for this. If not, perhaps a call to the county bar or a visit to the local legal aid office (or some other legal clinic) can be of some assistance.

  3. #3
    Join Date
    Oct 2012
    Posts
    256

    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Well I would not consider myself to be in control of something if someone from the front seat throws it under the seat when seeing a cop and me not even noticing its there because the floor is messy. And having the actual person who it belonged to admitting to it being theirs.

    I would get a DHS card but its close to $300 in Ventura county where I live.

    There is not any legal aid offices near me

    What is the typical process?

    It is the van Nuys courthouse by the way.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Quote Quoting matt4200
    View Post
    Well I would not consider myself to be in control of something if someone from the front seat throws it under the seat when seeing a cop and me not even noticing its there because the floor is messy. And having the actual person who it belonged to admitting to it being theirs.
    That's probably why the DA opted not to file - because they could not make a clear connection. That's still arguably enough for an arrest, though. You really need to get a better class of friends. I know that won't happen to me because I don't hang with dopers.

    I would get a DHS card but its close to $300 in Ventura county where I live.
    So, getting detained and arrested is better? It would seem to me that paying the $300 to not have to worry would be a worthwhile investment in peace of mind. heck, you'll pay far more than that in fines for one bust, or on bail for an arrest.

    There is not any legal aid offices near me
    That's why God created cars and public transit. Even, the internet.

    What is the typical process?
    In general, fill out the paperwork (including dates. locations and case numbers), file it with the clerk of the court, and schedule a hearing on the matter. You might also have to serve the DA and the law enforcement agency in question so they have an opportunity to oppose the purging of the record. I have one such hearing notice on my desk right now, in fact. We are not going to oppose it as it was based upon a citizen's arrest and the DA never filed charges. So, it will probably be granted next week when it goes before a judge.

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