Criminal Defense Q&A: How Can My Son Remove His Misdemeanor Arrest from His Record?
Question:
My son was charged with a misdemeanor for his friend throwing water balloons while he was with him. My son’s case was dismissed because they had a witness that said that my son was not the person throwing them. Now he has to answer “YES” on all college/job applications because he has been charged with a misdemeanor. Insane! He didn’t even do anything! How do we get the charges removed from his record?
Answer:
Once your son turns 18, he can petition the Court to seal his arrest record. To begin the process, he must file his petition with the Probation Department. The Probation Department will then conduct an investigation, produce a report for the Court recommending or supporting the sealing of the arrest record, and set the matter for a hearing before the Court within 90 days. Cal. Rule of Court 5.830(a)(4).
Once the arrest record is sealed, your son can lawfully answer on job applications and university applications that he was never arrested for this incident. Welfare and Institutions Code 781(a)(1)(a). Please note, the military and some federal agencies may still be able to access the arrest record even after it has been sealed.
Again, your son is ineligible to petition to seal his arrest record until he reaches the age of 18. Welfare and Institutions Code 781(a)(1)(a). A local criminal defense attorney in your area should be able to help you navigate the procedure.
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Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
