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  1. #1
    Join Date
    Sep 2008
    Posts
    25

    Default 851.8 Granted but Reported to DOJ As 851.91

    My question involves criminal records for the state of: CA

    Hi, hoping to gain some advice on how to proceed in this situation. My 851.8 petition was granted by both the arresting agency and the judge in court. The paperwork was submitted to the DOJ by the court. However, when I acquired my background check from the DOJ, it was reported as a 851.91. When I contacted the court they say they cannot access the file because it is sealed. I now possess what appears to be the only available court certified copy of the granted 851.8 petition, signed by the police agency and by the judge, from the last day in court.

    I have responded to the DOJ directly in writing through their appeal/correction process with a copy of the court certified 851.8. I have gotten no response from them other than a letter confirming that it was received. That was about November of 2019.

    Should I continue trying to work the correction out between myself and the DOJ or try to have the court resubmit or update the DOJ by providing the granted 851.8 to them.

    Thank you.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,029

    Default Re: 851.8 Granted but Reported to DOJ As 851.91

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

    Hi, hoping to gain some advice on how to proceed in this situation. My 851.8 petition was granted by both the arresting agency and the judge in court. The paperwork was submitted to the DOJ by the court. However, when I acquired my background check from the DOJ, it was reported as a 851.91.
    When you petitioned under PC 851.8, did you petition simply for sealing & destruction of the arrest record, or did you petition for a finding of factual innocence? If the former then the only difference I see in the end result between the PC 851.8 and the 851.91 is that in the former the arrest records are actually destroyed and in the latter they are sealed. Either way, the records are not available to the public. Whether that difference is one that would impact you I of course don't know. If you petitioned for and were granted a finding of actual innocence then the differences are more significant.

  3. #3
    Join Date
    Sep 2008
    Posts
    25

    Default Re: 851.8 Granted but Reported to DOJ As 851.91

    Quote Quoting Taxing Matters
    View Post
    When you petitioned under PC 851.8, did you petition simply for sealing & destruction of the arrest record, or did you petition for a finding of factual innocence? If the former then the only difference I see in the end result between the PC 851.8 and the 851.91 is that in the former the arrest records are actually destroyed and in the latter they are sealed. Either way, the records are not available to the public. Whether that difference is one that would impact you I of course don't know. If you petitioned for and were granted a finding of actual innocence then the differences are more significant.
    Hi, yes I petitioned and was approved for 851.8, factual innocence. Therefore the end result should be the record being completely removed from existence on my background. However, since it was reported under 851.91, it is still on my background history. So I do need it corrected in order for the DOJ to completely remove it.

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