Welcome back to the Law Office of Hieu Vu YouTube channel! In today’s episode, we are exploring a crucial topic: understanding arrest records and the process of sealing them in California. Whether you’ve been arrested and not charged, or your case was dismissed, it’s important to know how these records can still impact your life and how to clear them for a fresh start.
An arrest record differs from a conviction record, as it documents your interactions with law enforcement, even if no charges are filed. For example, in many domestic violence cases, you may be arrested, and the case might get dismissed, but the arrest record remains. These records can still show up in background checks, affecting your job prospects, housing opportunities, and educational pursuits.
Sealing your arrest record can help you overcome these barriers and improve your chances of securing employment, housing, or educational opportunities. However, the process of sealing an arrest record varies by courthouse, and it's crucial to gather all necessary information and follow the correct procedures.
Sealing arrest records involves additional steps compared to clearing conviction records. You’ll need to serve not just the district attorney, but also the police agency involved in your arrest. It’s important to determine whether you are eligible for an 851.91 or an 851.8 petition, with the latter being for factual innocence. Attending the court hearing is also a critical part of the process, where objections from the district attorney may need to be addressed.
Not everyone qualifies for record sealing, and there are specific hurdles, such as statute of limitations or repeat offenses like domestic violence, that can prevent eligibility. If you’re working with an attorney, it’s essential to gather all your paperwork, including information about the charges, arrest date, and police agency.
If your petition is denied, it’s important to understand the reason and explore the possibility of filing an appeal. Knowing how to address potential objections from the district attorney can significantly improve your chances of success.
In conclusion, an arrest record doesn’t have to define your future. Sealing your records can provide a clean slate, but it’s crucial to understand your rights and the legal process involved. For personalized guidance, don’t hesitate to contact our office. You deserve a new beginning!
Contact Information:
To contact me, you can go to vulawoffice.com
Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
LinkedIn: Hieu Vu | Tustin CA
Twitter: Hieu Vu (@Hieuvulaw) on X
Facebook: Law Office of Hieu Vu | Tustin CA
Instagram: Instagram (@hieuvuesq)
Yelp: Law Office of Hieu Vu - Tustin, CA
Appointments: Law Office of Hieu Vu, Orange County DUI Attorney
Phone or Text: 714-589-3063
Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin, CA 92780
Music: www.bensound.com
An arrest record differs from a conviction record, as it documents your interactions with law enforcement, even if no charges are filed. For example, in many domestic violence cases, you may be arrested, and the case might get dismissed, but the arrest record remains. These records can still show up in background checks, affecting your job prospects, housing opportunities, and educational pursuits.
Sealing your arrest record can help you overcome these barriers and improve your chances of securing employment, housing, or educational opportunities. However, the process of sealing an arrest record varies by courthouse, and it's crucial to gather all necessary information and follow the correct procedures.
Sealing arrest records involves additional steps compared to clearing conviction records. You’ll need to serve not just the district attorney, but also the police agency involved in your arrest. It’s important to determine whether you are eligible for an 851.91 or an 851.8 petition, with the latter being for factual innocence. Attending the court hearing is also a critical part of the process, where objections from the district attorney may need to be addressed.
Not everyone qualifies for record sealing, and there are specific hurdles, such as statute of limitations or repeat offenses like domestic violence, that can prevent eligibility. If you’re working with an attorney, it’s essential to gather all your paperwork, including information about the charges, arrest date, and police agency.
If your petition is denied, it’s important to understand the reason and explore the possibility of filing an appeal. Knowing how to address potential objections from the district attorney can significantly improve your chances of success.
In conclusion, an arrest record doesn’t have to define your future. Sealing your records can provide a clean slate, but it’s crucial to understand your rights and the legal process involved. For personalized guidance, don’t hesitate to contact our office. You deserve a new beginning!
Contact Information:
To contact me, you can go to vulawoffice.com
Website: Orange County Criminal Defense Attorney | Law Office Of Hieu Vu
LinkedIn: Hieu Vu | Tustin CA
Twitter: Hieu Vu (@Hieuvulaw) on X
Facebook: Law Office of Hieu Vu | Tustin CA
Instagram: Instagram (@hieuvuesq)
Yelp: Law Office of Hieu Vu - Tustin, CA
Appointments: Law Office of Hieu Vu, Orange County DUI Attorney
Phone or Text: 714-589-3063
Law Office of Hieu Vu
18002 Irvine Blvd #108
Tustin, CA 92780
Music: www.bensound.com
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LifestyleTranscript
00:00Hi everyone. I'm Hugh Rue and today we're going to dive into a crucial topic,
00:05understanding arrest records and how they can affect your life.
00:08We'll explore the path to sealing these records in California,
00:11giving you a fresh start. What exactly is an arrest record?
00:14We hear it all the time. We hear conviction record,
00:18arrest record and arrest record is a little different from a conviction record.
00:24A arrest record records and documents your interactions with law enforcement.
00:30In other words,
00:31if you get cited and then you never go to court,
00:35that still counts as an arrest record.
00:37This often happens with domestic violence cases.
00:40You get arrested and then nothing is charged. And however,
00:45the case goes away, but the arrest is still there.
00:49It's still impacts various aspects of your life.
00:52People may be able to look up arrest records and make decisions on it.
00:57On top of that, if your case was dismissed,
01:02they may still be able to look up the court records to see what you were
01:05arrested for,
01:06regardless of whether or not there was insufficient evidence to move forward
01:09with your case. With that in mind,
01:12you should consider sealing your arrest records with limited job opportunities
01:17and a competitive market to affecting housing and education.
01:21A criminal record can be a significant hurdle to clear by making sure that
01:27eliminating these arrest records,
01:30you do have a better chance at finding a place and not getting denied for jobs
01:35and living opportunities.
01:39Every navigating the legal process for sealing your arrest record is different
01:43from every courthouse. Every courthouse has its own way of doing things.
01:47However,
01:48what's most important is that you gather the information or your attorney from
01:54the arresting agency and the courthouse. When sealing an arrest record,
01:58there are additional steps to go through and it's not just like a conviction
02:02where you go to the courthouse and then you serve the district attorney in the
02:07arrest record process. There is an additional agency to serve,
02:11which is the police agency. On top of that,
02:15you also have to decide whether or not you are dealing with an 851.91 or 851.8
02:20or 851.8 which is a factual innocence.
02:24The steps for determining eligibility for each one is different and on top of
02:30that you do have to attend a court hearing as well.
02:34Sealing your arrest record,
02:35it's important that everything is done correctly from serving the agency to the
02:39district attorney and having the right info on your paperwork to attending the
02:44court hearings to overcome the district attorney's objections. However,
02:49it's also important to know whether or not you are eligible for a record
02:53clearing. Not everyone qualifies for this process.
02:56And many times the statute of limitations has to run or other times a charge or
03:03an arrest may not be eligible for sealing. For example,
03:09if this was a domestic violence that happened multiple times,
03:12it may not be eligible. And on top of that,
03:16if the statute of limitation has not run yet, then you will not be eligible.
03:20There are certain hurdles to jump through before you are able to get your
03:25record cleared. If you are working with an attorney,
03:27it's important to gather your paperwork and give your attorney.
03:30If you do not have your documents,
03:32then it's important that you go to the police station to gather information on
03:37your case.
03:38The most important things to know is the charges that you were arrested for and
03:42then the date as well. And then naturally the police agency.
03:47The next thing is attending the court hearing. If you have an attorney,
03:51the attorney will attend this court hearing for you. On the other hand,
03:54if not, then you may be required to attend the court hearing at the court
03:59hearing. The judge will appear and then the DA will appear as well.
04:03In some cases, the district attorney may object to a case.
04:08And then if that's the case, then you have to make your arguments.
04:13It's important to at least show up and make your argument to the judge for
04:20sealing your records. Not all sealing records go perfectly.
04:23Sometimes you have to deal with denials and appeals,
04:26understanding potential denials and your right to appeal is important.
04:29On top of that,
04:30it's also important to understand why is it that the judge denied you?
04:35And if this is the case,
04:37then it's also important to expect what kind of rebuttals the DA will come
04:41scratch that. So that way you can address them as well.
04:46The bottom line is that an arrest record doesn't have to define your future.
04:50Understanding your rights and the process to seal these records is key for
04:53personalized guidance. Don't hesitate to contact the law office.
04:57If you brew, you deserve a clean slate and a new beginning.
05:01If you have questions, feel free to reach out to us,
05:03use the make a comment button or reach out to our office.