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If after reading this article you have any questions please give me call.  As a former probation officer, deputy da, and a criminal defense attorney and adjunct criminology instruction I know the ins and outs of the system.  

I have the know how to make sure that you have the best oppurtunity to get your record cleared and your life on track. 

 

JUVENILE RECORDS.

Welfare and Institutions code section 786 has made the clearing of your Juvenile records much easier.  If you were convicted of a non 707 b offense in other words an offense the court deems as not one of the most serious, your record can be ordered cleared and the records destroyed usually within 4 years.  

It should be noted that even if the records are not destroyed becuase you committed a 707b offense the records are not publice records. 

If you are applying for a position licensed by the state of california or a law enforcement position you might still have to disclose certain offenses.  Certrainly you should seek legal advice.  

 

WHAT IF MY OFFENSE HAPPENED WHEN I WAS AN ADULT

It depends on several factors including were you convicted, were charges filed, or did you have your case dismissed in court, or were you acquitted following a jury trial.  

The first factor is wether you suffered a conviction. If you did suffer a conviction you cannot get your records destroyed this is true even if you got an expungement.  Many people believe that an expungement is an order destroying records.  

Generally speaking you have two years to ask for a distruction of your record.  The Judge can hear cases beyond that period of time based upon good cause.   This is two years after the date of arrest or filing of the accusotory pleading.  

1. You can petition the law enforcement agency to destroy a record of an arrest that did not result in conviction.  You ask the arresting agency that arrested you to destroy the record and to update the cii or arrest report.  This is if you have been arrested but not charged.

2. If this does not work you can petition the court.

 

This second step is for people that have been denied relief by the police. 

However if you were arrested and charges were filed you cannot seek relief from the arresting agency you must petition the court.  

If at the time of dismissal the judge believes you to be factually innocent he may order a finding of factual innocense and order the sealing of records.  Also, if at the time of acquittal the Judge believes the defendant to be factually innocent the Judge at that time may order sealing of defendants records.  

 

WHAT IS FACTUAL INNOCENSE

To be factually innocent the evidence must exonerate you not just raise a doubt as to your innocense.  

 

If you have any question please give us a call to discuss your issue. 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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