Q: What can you do about, the dismissed case records that still showing up on the dojca is it anyway to have them removed
If they are dropped fought against and etcetera how do you go about it if so
Can I please get some help on direction because even though I did fight them in court it still shows up and I still get judged and sometimes It makes me feel as if I was automatically convicted of those crimes even when I actually did fight against them and etc
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- California
- (916) 704-3009
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- Answered
A:
If you are in California and have had a criminal case dismissed, but it still appears on your Department of Justice records, there are steps you can take to address this issue. First, consider filing a petition for a factual innocence motion, also known as a Penal Code 851.8 PC motion, if you believe the arrest should not have been made in the first place. This can lead to the sealing and destruction of arrest records.
Additionally, if your case was dismissed, you might be eligible for a record seal under Penal Code 851.91 PC. This process seals the record of your arrest and court case from public view, although it remains accessible to law enforcement and for some licensing purposes.
It's advisable to consult with an attorney experienced in criminal defense or record expungement. They can provide guidance specific to your situation, including evaluating eligibility for these remedies and assisting with the necessary legal paperwork and court procedures. Remember, each case is unique, and the available options may vary based on specific circumstances.
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