Merced County California

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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 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. 

    In order to be eligible to have your records sealed and eventually destroyed:

   * You must have been arrested but never convicted of a crime. In addition, the petitioner (person arrested) must show that no reasonable cause exists to believe the arrestee (person arrested) committed the offense.  Typically, the motion must be filed within two years of the date of the arrest. 

    *If you were arrested and charged with a crime, but the charges were ultimately dismissed.  The Court in which the charges were dismissed must find that you were factually innocent. 

    *If you were arrested, charged with a crime, and were found not guilty at trial.  The judge that presided over your trial must find that you were factually innocent.



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