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  1. #1
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    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
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    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Quote Quoting matt4200
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    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.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
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    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
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    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Quote Quoting matt4200
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    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.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
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    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Even when a prosecutor can prove that illegal drugs or weapons were found on a defendant, in his or her car, or in his or her residence, luggage, or other belongings, that does not automatically mean s/he will be convicted, even if the prosecutor has all his or her necessary witnesses and evidence at the trial date. Possession requires the prosecutor to prove knowledge, dominion and control of the contraband beyond a reasonable doubt. Smith v. Maryland, 415 Md. 174 (2010); Cordon v. Virginia, __ Va. _, 2010 Va. LEXIS 275 (Va. Nov. 4, 2010).

    - - - Updated - - -

    Well the other guy who it actually belonged to claimed it to be his to the officer. I don't know I just want this to be off of my record.

    - - - Updated - - -

    Is there a form I can print out and fill out?

  6. #6
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    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Quote Quoting matt4200
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    Even when a prosecutor can prove that illegal drugs or weapons were found on a defendant, in his or her car, or in his or her residence, luggage, or other belongings, that does not automatically mean s/he will be convicted, even if the prosecutor has all his or her necessary witnesses and evidence at the trial date. Possession requires the prosecutor to prove knowledge, dominion and control of the contraband beyond a reasonable doubt. Smith v. Maryland, 415 Md. 174 (2010); Cordon v. Virginia, __ Va. _, 2010 Va. LEXIS 275 (Va. Nov. 4, 2010).
    I never said otherwise. (Of course, those cases have no real bearing in CA - there are better ones)

    You were the one who brought up ownership, not me. Ownership is not the issue, the dominion and control is.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
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    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Yeah but there is no dominion and control without knowledge

    - - - Updated - - -

    Do the DHS cards expire when the original doctors recommendation expires? Or do they have an expiration 6 months to a year from the date you get it?

    They should all be the same throughout the state so I'd assume you might know more about it than me and I checked their website it does not say

    I will most likely get one next month when I get my financial aid from my college

    - - - Updated - - -

    Also is there a form online anywhere I could print out, full out and take to the court clerk?

  8. #8
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    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Quote Quoting matt4200
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    Yeah but there is no dominion and control without knowledge
    That's how you get dominion and control. But, again, probable cause for an arrest requires a lesser standard and the location of the contraband can be more than sufficient to suppor tan arrest. It is not often sufficient to support an arrest absent something more, but an arrest doesn't have to be supported by proof beyond a reasonable doubt.

    Do the DHS cards expire when the original doctors recommendation expires? Or do they have an expiration 6 months to a year from the date you get it?
    They are valid for one year.

    http://www.cdph.ca.gov/programs/mmp/pages/default.aspx

    http://www.vchca.org/ems/medical-mar...identification

    (And Ventura is about $100 less than your estimate ... $211)

    Also is there a form online anywhere I could print out, full out and take to the court clerk?
    You'll have to search for it. I'm not going to do everything for you.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
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    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    It is not often sufficient to support an arrest absent something more,

    What do you mean by that?

    And for me right now $211 is a lot everything I have goes towards food or gas or rent and helping my dad.

    But I get my financial aid next month then ill get one hopefully.... It's $211 just to apply for it... It's kind of over priced I mean what if they deny you? Then you wasted $211

  10. #10
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    Default Re: Getting Rid of an Arrest Record for a Wrongful or Innocent Persons Arrest

    Quote Quoting matt4200
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    It is not often sufficient to support an arrest absent something more,

    What do you mean by that?
    Sorry ... meant to write that such a tenuous connection is not often sufficient to support a prosecution or a conviction absent more evidence to show a connetcion.

    And for me right now $211 is a lot everything I have goes towards food or gas or rent and helping my dad.
    Maybe you oughta cut back on the weed budget, then.

    But I get my financial aid next month then ill get one hopefully....
    It seems perverse to me to spend my tax dollars to assist you in smoking dope ... twisted.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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