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Perspective

Feb. 25, 2013

Petitions for factual innocence

The objective of this article is to review the rules that allow defendants to have arrest records sealed and destroyed under Pen C Section 851.8. Earn CLE credit. By Stuart M. Rice and Carly Nese

By Stuart M. Rice and Carly Nese

Please visit the MCLE section of the Daily Journal's website to take this test.

A petition under Pen C Section 851.8 is worth exploring when no conviction results from an arrest and the petitioner can set forth the necessary facts for the court to make a finding of factual innocence.

The objective of this article is to review the rules that allow defendants to have arrest records sealed and destroyed under Pen C Sectio...

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