Call Now For A Personalized Confidential Consultation!

Law Office of E. Michael Linscheid

Call Now For A Personalized Confidential Consultation!

(415) 728-9982

Criminal Records Clearance & Expungement FAQs

A: You are required to submit a petition to the law enforcement agency that arrested you and file in the Superior Court within two years of the date of your arrest.
A: All the records including police reports, fingerprints, and booking photos of that arrest are destroyed. Thereafter, you can legally and confidently say "no" if a potential employer asks whether you have been arrested.
A: Yes. An individual can have a record of arrest sealed and destroyed provided they were arrested but not convicted of a criminal offense. A petition to seal and destroy pursuant to Penal Code section 851.8 can be brought even if criminal charges were filed by the district attorney.
A: Records of criminal arrests and convictions are public records and therefore anyone, including potential employers and licensing agencies can access such records are sealed.
A: Unlike traffic conviction, records of an arrest or criminal conviction will exist forever. A record of an arrest of criminal conviction will not automatically be erased from my record after a certain period of time. If you desire to erase or limit the disclosure of a record of an arrest or conviction you may seek an expungement, to have your records sealed and destroyed or a pardon.
E. Michael Linscheid, Esq.

Call Now For A Personalized Confidential Consultation!
(415) 728-9982

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