Q: How do you request a court record be sealed & destroyed under government code 6815?
This court record more specifically was a filed domestic complaint that never resulted in an arrest, conviction or even hearing. It was submitted 10 years ago but only recently discovered. From my understanding, being as its not criminal and instead out of family court, involving no conviction, PC 851.87 would not apply.
A: To request a court record be sealed and destroyed under California Government Code § 68152, you'll need to file a petition with the court that originally had jurisdiction over the matter, detailing the reasons for your request and demonstrating the statutory requirements for sealing are met. You must serve notice of the petition on all parties involved in the original case. The court will then schedule a hearing to consider the request, and you must show that the record's sealing and destruction are in the interests of justice and outweigh any interest in keeping the record public.
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