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Arrest Without Conviction In Oakland
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Multi-State
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Oakland
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US-000280
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FAQ
In America you are innocent until proven guilty in a court of law. If you are not convicted, then you are innocent of committing the crime and it would not show up on a standard background check.
Arrests that do not result in a conviction or with conviction overturned remains on a person's criminal record in California. However, such individuals may petition to have such criminal history information sealed under the California Penal Code §851.91 or Penal Code § 851.8.
Misdemeanor arrests should be sealed after 1 year if there are no charges, and felony arrests should be sealed after 3 years if there are no charges. Cases that get dismissed should be cleared immediately. Convictions of cases where you are granted probation should be cleared once the case closes.
Yes, arrests will show up on a person's background check in the Golden State. A background check typically features information about the arrest, such as the arrest date, charges filed, and whether the arrestee was detained or taken to jail.
Although true expungement does not exist in California, there may be options to clean your record depending on your situation. The law related to cleaning your record is complicated. If you ever get stuck, consider getting legal help.
A California background check investigates an applicant's or employee's criminal history, past employment, education, and other information important for the job. These searches are conducted by consumer reporting agencies (CRAs) by checking reliable public information databases and records for relevant information.
In addition, a background check may show pending criminal charges and misdemeanor or felony convictions, with a look-back period of seven years. However, non-convictions aren't reported, such as non-pending arrests, charges, or indictments that did not lead to a conviction.
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If you had an arrest that did not result in a conviction, you may be able to seal your case under Penal Code section 851.91. Because form CR-409 is an optional form, you may fill out the form or you may write your own petition.It is possible to have an "arrest record", with NO convictions. California's Clean Slate Act, or AB 1076 or penal code 1076, automatically seals some arrest records and dismisses some criminal convictions. California law allows people who were arrested but not convicted to have their arrest records sealed and destroyed as a matter of right. Call an expungement lawyer at Silver Law Firm. We will analyze your circumstances, explain your legal options, and guide you through the next steps. The Alameda County Public Defender's Office launched a county-wide Clean Slate Program, which helps people clean up their Alameda County criminal records. The primary qualification is successful completion of probation without any violations, subsequent arrests, or pending charges. Not every arrest results in a guilty plea or a conviction that stands up on appeal.