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  1. #11
    Join Date
    Oct 2014
    Posts
    7,149

    Default Re: Will Sealing a Criminal Record Remove It from an FBI Background Check

    Quote Quoting boober
    View Post
    If the arresting agency approves the 851.8, can the DA still deny it?
    The statute requires the prosecuting attorney to agree with the decision of the law enforcement agency. If that does not happen then you have to petition the court for relief.

  2. #12
    Join Date
    Sep 2008
    Posts
    23

    Default Re: Will Sealing a Criminal Record Remove It from an FBI Background Check

    Quote Quoting Who'sThatGuy
    View Post
    Are you looking to exspung an arrest record that you were found not guilty or a charge that was never filed, or are you looking to exspung a criminal record that you were found guilty of in a court of law?
    I think I may be screwed then, I had a charge dismissed via 1203.4 and the arresting agency approved the 851.8 but the DA will shoot it down.

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