A Domestic Violence charge is different than most in San Diego County. Why? In many cases, the police HAVE to arrest people at the scene when in reality there is not the requisite evidence to issue charges. Prosecutors review and reject San Diego Domestic Violence DV cases more than most other charges. Of course, you want to get the ball rolling and get an attorney to get this process started. But there is more. If they do not charge, you want to get the arrest off your record too. New laws make that process easier. Contact the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.
Sealing the arrest
Every year thousands of innocent people are arrested for crimes they did not commit. Up until now, these arrests have shown up on California criminal background checks.
In the past, getting an arrest record sealed required convincing a judge that the petitioner was factually innocent of the charges that led to the arrest, which was extremely difficult
A new California law remedies this situation by giving most people the right as a matter of law. The law (Penal Code 851.87) For purposes of PC 851.87, an arrest is deemed not to have resulted in a conviction if:
- No criminal charges were ever filed,
- Criminal charges were filed but were later dismissed,
- The defendant was found “not guilty” at a jury trial
- The defendant successfully completed a pretrial diversion or pre-sentencing programs such as Prop 36 drug treatment
or Penal Code 1000 deferred entry of judgment.
Exception for domestic abusers
With Domestic Violence cases, it may not be automatic. There is no automatic right to seal an arrest record if the petitioner’s record shows a pattern of domestic violence. It is key to show the court that there is no previous cycle of violence. Contact the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.
Petitioners can still get their arrest sealed if doing so would be in the interests of justice – for instance, because disclosing a particular arrest would result in hardship to the petitioner. If the court finds previous domestic abuse, there still can be options.
With Domestic Violence cases, the worst thing you can do is sit and wait until court. The days between an arrest and court is key. In many cases, there is a week or so before the court. Be proactive. Contact the Law Offices of Mark Deniz to get the ball rolling at 858-751-4384.