Expungement Attorney
If you’ve been arrested for a crime but no charges were filed, the charges were dismissed, or you were acquitted at trial, that arrest might still appear on your background checks. Protecting your reputation is crucial, almost as crucial as your freedom. Caryn Warren can help you seal your arrest record, so you won’t have to relive one of your worst moments.
There are two main methods to seal an arrest record:
1. Using Penal Code § 851.8:
This older law requires proving “factual innocence,” meaning that you must convince a judge that, looking back with all the evidence considered, you should never have been arrested. This can be quite challenging. Also, there’s a two-year time limit to file for sealing under this statute from the date of your arrest. If your arrest was more than two years ago, it’s possible to request a time extension, though it’s not guaranteed. The benefit of this method is comprehensive; if successful, your arrest record isn’t just sealed—it’s completely destroyed. This means it’s removed from all public databases permanently.
2. Using Penal Code § 851.91 (effective January 1, 2018):
This newer law provides a more straightforward pathway to sealing an arrest record without the need to prove factual innocence. Let’s explore the requirements to see if you qualify under this more modern approach.
Choosing the right method depends on your specific situation, but either way, taking action to seal your arrest record can help clear your name and protect your future.
If you have questions on whether you’re eligible to have your record cleared through expungement, contact Caryn Warren at 916-903-3914 and she will let you know the options available to you.
Expungement Steps
In California, the process for an attorney to get an expungement, to seal an arrest record, involves the following steps:
Confirm eligibility: The attorney must verify that their client is eligible for expungement, which typically involves meeting certain criteria such as completing probation, paying all fines and restitution, and not being convicted of a serious crime.
Obtain necessary documents: The attorney will need to gather relevant documents, such as the arrest record, court records, and probation completion documentation.
File a petition: The attorney will need to file a petition for expungement with the court in the county where the arrest occurred. The petition should include a declaration explaining why the client is seeking expungement and supporting documentation.
Attend a hearing: In some cases, a hearing may be required where the attorney will present arguments to the judge on why the arrest record should be sealed. The judge will then make a decision on the expungement request.
Follow-up: If the expungement is granted, the attorney will need to follow up with the court and any relevant agencies to ensure that the arrest record is properly sealed.
It is important to note that the process for expungement in California can vary depending on the specific circumstances of the case, so it is important to consult with a knowledgeable attorney who can guide you through the process. Having worked both as a Deputy District Attorney and Defense Attorney, Caryn Warren has extensive insider knowledge about expungement proceedings. Attorney Warren will fight to clear your arrest record and restore your rights.