My question involves criminal records for the state of:California
This case happened in San Bernardino County. As the result of an illegal search, the defendant was charged with BP4060-M: Possession of a controlled substance (Vicodin). The defense attorney's motion to suppress was argued against by a law student supervised by DA, the cop had apparently never tried to justify an illegal search in court before, and the judge ended up granting the motion. The DA vowed to try again to get the evidence back in unless the defendant pled guilty to PC415-I: Fighting; Noise; Offensive Words. The defendant was eager to put this nearly 3 year ordeal in the rear view mirror and begrudgingly accepted the plea as long as the charge was no more than an infraction. The deal was time served (overnight in jail) and a $500 fine. Done.
.......except there is still a record online of the arrest, the case and the original charge of narcotic possession, which looks bad and can raise questions if discovered by a prospective employer or state licensing board. My questions are: How long will this stay on the website? Can the case get dismissed 6 years after the conviction? If dismissed, can the records, including the arrest record be sealed under 851.8?
One additional question: If records are sealed under 851.8 does the DMV have to seal and disregard their records, too? (separate case)
This case happened in San Bernardino County. As the result of an illegal search, the defendant was charged with BP4060-M: Possession of a controlled substance (Vicodin). The defense attorney's motion to suppress was argued against by a law student supervised by DA, the cop had apparently never tried to justify an illegal search in court before, and the judge ended up granting the motion. The DA vowed to try again to get the evidence back in unless the defendant pled guilty to PC415-I: Fighting; Noise; Offensive Words. The defendant was eager to put this nearly 3 year ordeal in the rear view mirror and begrudgingly accepted the plea as long as the charge was no more than an infraction. The deal was time served (overnight in jail) and a $500 fine. Done.
.......except there is still a record online of the arrest, the case and the original charge of narcotic possession, which looks bad and can raise questions if discovered by a prospective employer or state licensing board. My questions are: How long will this stay on the website? Can the case get dismissed 6 years after the conviction? If dismissed, can the records, including the arrest record be sealed under 851.8?
One additional question: If records are sealed under 851.8 does the DMV have to seal and disregard their records, too? (separate case)
Expungement and Sealing: Can a Misdemeanor That Was Pleaded Down to an Infraction Be Expunged
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