Penal Code 851.87 PC in California allows individuals who have been arrested but not convicted of a crime to petition the court to seal and destroy their arrest records. The purpose of this provision is to provide relief to individuals who were wrongfully arrested or who had their cases dismissed.
Here are key points related to Penal Code 851.87 PC:
- Eligibility:
- The individual must have been arrested but not convicted of the offense for which they were arrested.
- This can include cases where charges were dismissed, the individual was acquitted, or there was no filing of charges after the arrest.
- Filing a Petition:
- The person seeking relief must file a petition with the court that handled the arrest.
- The petition requests the sealing and destruction of records related to the arrest.
- Criteria for Granting Relief:
- The court may grant the petition if it finds that the arrest was made due to mistake, misidentification, or false information.
- The court may also consider factors such as the person’s behavior and activities since the arrest.
- Prosecution’s Response:
- The prosecution has an opportunity to respond to the petition.
- If the prosecution agrees with the petition, the court may grant the relief without a hearing.
- Court Hearing:
- If there is a dispute or if the prosecution opposes the petition, the court may schedule a hearing.
- At the hearing, the court considers evidence and arguments from both sides.
- Sealing and Destruction of Records:
- If the court grants the petition, it orders the sealing and destruction of records related to the arrest.
- This includes records held by law enforcement agencies and other entities.
- Effect of Relief:
- Once the records are sealed and destroyed, the person can legally state that they were not arrested for the sealed offense, except in specific circumstances.
It’s important to note that the availability and procedures for sealing and destroying arrest records may vary by jurisdiction.
