Merced County California

Go To Site Search
Seal and Destroy an Arrest Record
Motion to Seal and Destroy

     The Motion to Seal and Destroy is available at the Public Defender's Office.   This is a motion which is commonly referred to as a finding of factual innocence.  If you were arrested but not convicted of a crime you may petition the court to have your arrest records sealed and eventually destroyed. 

(The important factor is whether you suffered a conviction.  If you were convicted of a misdemeanor or felony and later had it dismissed per 1203.4 PC, California's expungement process, you are not eligible for this type of relief.)

Who is Eligible?

If you 
1.  were arrested, but the prosecutor never filed criminal charges, 
2.  had your case dismissed in court, or
3.  were acquitted by a jury following a California Jury Trial.
You may be entitled to have your California arrest records sealed and destroyed. 

Timing 

You may petition to clear your arrest record up to two years after the date of arrest or the filing of the accusatory pleading, whichever one is later.  However, the judge has discretion to hear cases beyond the time limits outlined based on good cause reasoning. 

If you find you meet the criteria for a Seal and Destroy Motion you may pick up the forms at the Public Defender's Office M-F 9 a.m.-4 p.m.  The office is closed for lunch 12-1 p.m.

  

 



Merced County 2222 M Street Merced, CA 9543 Ph. (209) 385-7434 Toll Free (800) 226-6452
striving for excellence