00:00Hi everyone. I'm Hugh Rue and today we're going to dive into a crucial topic,
00:05understanding arrest records and how they can affect your life.
00:08We'll explore the path to sealing these records in California,
00:11giving you a fresh start. What exactly is an arrest record?
00:14We hear it all the time. We hear conviction record,
00:18arrest record and arrest record is a little different from a conviction record.
00:24A arrest record records and documents your interactions with law enforcement.
00:30In other words,
00:31if you get cited and then you never go to court,
00:35that still counts as an arrest record.
00:37This often happens with domestic violence cases.
00:40You get arrested and then nothing is charged. And however,
00:45the case goes away, but the arrest is still there.
00:49It's still impacts various aspects of your life.
00:52People may be able to look up arrest records and make decisions on it.
00:57On top of that, if your case was dismissed,
01:02they may still be able to look up the court records to see what you were
01:05arrested for,
01:06regardless of whether or not there was insufficient evidence to move forward
01:09with your case. With that in mind,
01:12you should consider sealing your arrest records with limited job opportunities
01:17and a competitive market to affecting housing and education.
01:21A criminal record can be a significant hurdle to clear by making sure that
01:27eliminating these arrest records,
01:30you do have a better chance at finding a place and not getting denied for jobs
01:35and living opportunities.
01:39Every navigating the legal process for sealing your arrest record is different
01:43from every courthouse. Every courthouse has its own way of doing things.
01:47However,
01:48what's most important is that you gather the information or your attorney from
01:54the arresting agency and the courthouse. When sealing an arrest record,
01:58there are additional steps to go through and it's not just like a conviction
02:02where you go to the courthouse and then you serve the district attorney in the
02:07arrest record process. There is an additional agency to serve,
02:11which is the police agency. On top of that,
02:15you also have to decide whether or not you are dealing with an 851.91 or 851.8
02:20or 851.8 which is a factual innocence.
02:24The steps for determining eligibility for each one is different and on top of
02:30that you do have to attend a court hearing as well.
02:34Sealing your arrest record,
02:35it's important that everything is done correctly from serving the agency to the
02:39district attorney and having the right info on your paperwork to attending the
02:44court hearings to overcome the district attorney's objections. However,
02:49it's also important to know whether or not you are eligible for a record
02:53clearing. Not everyone qualifies for this process.
02:56And many times the statute of limitations has to run or other times a charge or
03:03an arrest may not be eligible for sealing. For example,
03:09if this was a domestic violence that happened multiple times,
03:12it may not be eligible. And on top of that,
03:16if the statute of limitation has not run yet, then you will not be eligible.
03:20There are certain hurdles to jump through before you are able to get your
03:25record cleared. If you are working with an attorney,
03:27it's important to gather your paperwork and give your attorney.
03:30If you do not have your documents,
03:32then it's important that you go to the police station to gather information on
03:37your case.
03:38The most important things to know is the charges that you were arrested for and
03:42then the date as well. And then naturally the police agency.
03:47The next thing is attending the court hearing. If you have an attorney,
03:51the attorney will attend this court hearing for you. On the other hand,
03:54if not, then you may be required to attend the court hearing at the court
03:59hearing. The judge will appear and then the DA will appear as well.
04:03In some cases, the district attorney may object to a case.
04:08And then if that's the case, then you have to make your arguments.
04:13It's important to at least show up and make your argument to the judge for
04:20sealing your records. Not all sealing records go perfectly.
04:23Sometimes you have to deal with denials and appeals,
04:26understanding potential denials and your right to appeal is important.
04:29On top of that,
04:30it's also important to understand why is it that the judge denied you?
04:35And if this is the case,
04:37then it's also important to expect what kind of rebuttals the DA will come
04:41scratch that. So that way you can address them as well.
04:46The bottom line is that an arrest record doesn't have to define your future.
04:50Understanding your rights and the process to seal these records is key for
04:53personalized guidance. Don't hesitate to contact the law office.
04:57If you brew, you deserve a clean slate and a new beginning.
05:01If you have questions, feel free to reach out to us,
05:03use the make a comment button or reach out to our office.
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