My question involves criminal records for the state of: California
851.8 deals with getting your record cleared, but it gives a 2 year time limit. I have looked under multiple keywords and scoured a lot of the write ups on this law that have been made, but the one thing I cannot find is where a court has ever granted a petitioner the go ahead once the time limit has passed.
My case in particular was dismissed based on lack of evidence (when is reality there was none) for a domestic violence charge. It was just under 3 years when I petitioned the court for the motion from the date of the dismissal but now the judge wants us to show good cause for the delay in not filing within a timely manner. Has anyone heard of what "good cause" can include in this case? I want to work within the parameters already set by case law, but all I can find is where cases have been denied for going over the timeline, albeit closer to 10 and 15 years, the most promenent and most used one is a Gomez case where a petitioner wait 16 YEARS! and that is the one the opposing DA is currently using!! Any one have any leads for me? I have 10 days to put in a motion for leave to file. THANK YOU!
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Sorry the most used case is actually Bermudez, not Gomez. Couldnt find an edit thread button

