Expunged and Sealed Criminal Records

Expungement takes a criminal charge off of the court’s records. Once complete a Defendant can say they were never convicted (Penal Code 1203.4).

Sealed Records

For innocent people who have been wrongfully charged you can get all records sealed and destroyed (Court Rule 8.46).

Protection for Disclosure

Records expunged or sealed are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to those with a need to know to perform their official duties, and using locks, alarm devices, passwords, and/or encrypting data communications.

The expunged record and sealed record system is restricted to only those with privileges necessary to perform an authorized task(s) and is not available for public viewing.

Rule of Court Rule 8.46 (d) prohibits the disclosure of the contents of any materials expunged or under seal.

The only way the records can thereafter become public is upon a noticed motion or petition for writ (Rule 8.46 (b)).

Improper Disclosure

Persons who have access to the records and cause these rules to be violated by releasing expunged or sealed records to the public are subject to civil sanctions and investigation by the Attorney General’s Office (42 U.S. Code 1983).

In most situations, expunged or sealed records are protected from public view. Protections are in place to provide that the expunged or sealed records are not made public. Although there has never been a reported case in California where an authorized person released expunged or sealed records an aggrieved party has a civil remedy as well as being able to seek an administrative investigation.


Quote of the Month

“If your opponent offers a draw, try to work out why he thinks he is worse off.”

-Nigel Short, Chess Grandmaster

Frivolous Lawsuit of the Month- (Cases Filed Without An Attorney): Woman Sues Herself

woman-sues-herselfA City employee Shari Moore in St. Paul, Minnesota was driving a city van while at work. When she turned a corner, she ran into a parked car.

The parked car in question wasn’t just anybody’s vehicle. It was her own.

Now, Moore is filing a claim against the city for damage caused to her personal vehicle by a city worker — herself. The car sustained a scrape and a popped tire.

“I think I can safely say this is a very unusual claim,” said City Clerk who has received some 400 claims this year from residents. In addition the claim was not presented until 2 months after the incident.

According to Moore it really isn’t important who did the damage. Instead what matters to her is only that the damage was done. In this case she wants to be compensated for causing her own damages.

Hopefully the perpetrator (Moore) and the victim (Moore) can some day put this behind them and let the healing begin.