Having an arrest record can affect you for the rest of your life. Even those who aren’t convicted of a crime can be haunted by an arrest record. The good news is that you may be able to have your arrest record sealed and destroyed. If you’re in this position, then contact Law Office of Michael L. Fell right away. We offer a free case evaluation and will let you know if you are a candidate. Just call us at (949) 585-9055.

We may file a factional innocence motion

According to California law, anyone who was arrested or otherwise detained may be eligible to have their arrest record sealed and then destroyed. The first step is likely to file a factual innocence motion. Not everyone is eligible, but if any of the following are true of your case then you may be eligible:

• There were no charges filed after your arrest.
• You had charges filed against you but they were dismissed before moving forward.
• You went to trial and were found not guilty.

The first step is to petition the law enforcement agency

Our first move will be to petition the law enforcement agency that arrested you. This must be done within two years, so don’t wait: Call Law Office of Michael L. Fell right away. If the agency we petition doesn’t respond within 60 days (or within the statute of limitations – whichever comes first) or they deny our petition, then we can petition the court that had jurisdiction over your case.

Once the petition is filed, the court will schedule a hearing. We will argue during this hearing that there wasn’t evidence to convict you in this case. We will provide police reports, testimony from witnesses, declarations, affidavits, and whatever else we need to show that you are factually innocent. The police officer and prosecutor will likely argue that you were guilty, even if a conviction was not achieved.

What happens after your petition is granted?

After the motion is granted, all arrest reports will be sealed, including booking photos and evidence records. After three years, the records will be destroyed by the Department of Justice and law enforcement.

Is sealing an arrest record really important?

Potential employers who do a background check could see that you were arrested. They may ask if you’ve been arrested for or convicted of a crime, and having your arrest record sealed allows you to answer that you were not arrested because as far as the courts are concerned, that is now the truth.

Don’t let your past follow you around forever

At Law Office of Michael L. Fell, we’re here to help clients who are facing trial and those who already have. If you haven’t been convicted then a motion of factual innocence may be the right choice. If you were convicted, then you may be eligible for an expungement, which would remove the record of your conviction. Contact us right away at (949) 585-9055 for more information.