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Finding of Factual Innocence and sealing your arrest record after PC 1000 Diversion. Tips from a San Diego Defense Attorney. Expungement

On Behalf of | Aug 3, 2016 | Firm News |

To me, expungement and sealing records officially begins a new chapter in a persons life. I have spent my entire legal career in criminal law.  I spent almost 10 years as a prosecutor.  

I have seen that the process really grinds people.  There is a stress with dealing with their situation and the unknown of their case.  Cases get resolved and a person is usually required to perform various sanctions/terms of their probation.

Most people do what they have to do and (hopefully) stay out of trouble.  People finish off probation and then move on with life.  It is receommended they should do all they can when probation is over to expunge their case and potentially seal their arrest records.  It puts a cap on the event and ensures their record looks as good as it can be.  It truly starts a new chapter in their life.  Today, we are focusing on sealing arrests after PC 1000/Diversion.


PC 1000

PC 1000 is a diversion program where someone goes to classes.  After 18 months (and successful) the person comes to court and their case gets dismissed.  However, the law does allow for those persons to come in and attempt to seal their arrest records.  

Sealing arrest records which is called “Finding of Factual Innocence” is made a bit easier with PC 1000 diversion.  There is provisions in the penal code which allow someone to come in and make the request to seal the arrest.  I know most criminal attorneys are unfamiliar with this provision.  


I would recommend obtain represention for this.  A motion is filed for someone in the “interest of justice” requesting to have the judge sealing the records of the arresting agency and related court files. The granting of this motion does not remove the matter from the Dept of Justice documents.

The success of an 851.90 petition often turns on factors such as:

  • Performance during diversion
  • Other criminal history
  • The need for relief

With the proper approach and motion from the petitioner there is a higher probability the motion will be granted.  This motion has a high amount of success when compared with a normal “finding of factual innocence” cases.  Sealing the arrest record and expungement are truly the beginning of the new chapter in someone’s life.  It ensures the old case is over and everything that could be done to go over the old case has been done.  If you are interested in sealing an arrest record after PC 1000 diversion here in San Diego county call our office now at 858-751-4384.

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