Our client was arrested by the Compton Police Department in 1984 for an alleged violation of Health and Safety Code section 11377(a). Our client was never officially charged for violating any criminal offenses relating to the arrest, however the arrest still appeared on his Department of Justice California Criminal History Information.
Our client was in the process of attempting to naturalize as a United States citizen and the history of this arrest on his Criminal History Information was causing him obstacles with federal immigration. Federal immigration authorities were requiring our client to prove that the arrest did not result in a conviction. Our client hired our office to assist with proving that his arrest did not result in a conviction.
In California, pursuant to newly enacted Penal Code section 851.91, a person is eligible to have his or her record of arrest sealed if the statute of limitations has passed for filing charges for the offense upon which the arrest was based and a conviction was not obtained. With this knowledge, we filed a motion to seal our client’s record of arrest per Penal Code section 851.91.
By obtaining a sealing of this arrest pursuant to Penal Code section 851.91, we were able to indirectly prove that our client was not convicted of the offense because in California a person cannot obtain sealing of arrest records that have resulted in convictions.
A petition under Section 851.91 can have a beneficial impact on employment prospects, immigration matters, and for qualifying for housing.
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