Post-Conviction Relief! Penal Code § 243(e)(1) “Domestic Battery” Misdemeanor Arrest Sealed Per Penal Code section 851.91!

Our client was arrested in March of 1986 for an alleged violation of Penal Code section 243(e)(1), “Domestic Battery.” However, our client was never formally charged with this offense and no conviction ever resulted from his arrest.

Our client is currently working with an immigration attorney and is seeking to adjust his immigration status in the United States. Our client obtained his California Department of Justice Criminal History Report to aid in his status adjustment and this 1986 arrest appeared on his record. Based on the fact that a criminal case was never initiated for the arrest, the disposition status for this arrest was unclear and did not affirmatively state that no conviction occurred. Thus, the client hired our office to seal this arrest record to assist him in immigration court.

After filing the petition to seal the record of arrest with the court, our request to seal this arrest was granted. Given that this form of relief is only available for arrests that did not result in a conviction, this sealing can now be used in immigration court to establish that a conviction for this arrest did not occur.

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