Statute · California Penal Code
Cal. Penal Code § 851.86 — Arrest, by Whom and How Made
Cal. Penal Code § 851.86
- Type
- Statute
- Source
- California Penal Code
- Jurisdiction
- California
- Date
- 2010-01-01
- Current through
- Nov 2, 2026 (California Legislative Counsel)
Whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge, the judge shall order that the records in the case be sealed, including any record of arrest or detention, upon written or oral motion of…
Citator
Cal. Penal Code § 851.86 — Arrest, by Whom and How Made is in force in the current edition of the Code, and nothing recorded condemns it.
Whenever a person is convicted of a charge, and the conviction is set aside based upon a determination that the person was factually innocent of the charge, the judge shall order that the records in the case be sealed, including any record of arrest or detention, upon written or oral motion of any party in the case or the court, and with notice to all parties to the case. If such an order is made, the court shall give the defendant a copy of that order and inform the defendant that he or she may thereafter state he or she was not arrested for that charge and that he or she was not convicted of that charge, and that he or she was found innocent of that charge by the court. The court shall also inform the defendant of the availability of indemnity for persons erroneously convicted pursuant to Chapter 5 (commencing with Section 4900) of Title 6 of Part 3, and the time limitations for presenting those claims.