Petition to Seal and Destroy Arrest Record/Factual Innocence

Penal Code Section 851.8, also known as a Factual Innocence Motion Or Petition to Seal and Destroy Arrest Record
               

Testimonials

I was arrested for Penal Code Section 261(A) (2)-Rape.  A person I met made the accusation, the police arrested me and searched all my personal effects.
[Charges were never filed. However,] this arrest made a mess of my personal and professional life causing me to lose a position.
I needed to get this arrest off my record. I researched Attorneys who did this sort of work and found Attorney Will Bruzzo. It is rare for a lawyer to do this kind of work but I could see from Mr. Bruzzo’s testimonials he had past success in these types of cases.
Mr. Bruzzo filed the Petition [Petition to Seal and Destroy Arrest Records under Penal Code Section 851.8] for me along with supporting documentation and we had a hearing.
At the hearing the Judge GRANTED the Petition and my arrest record will be sealed and destroyed!
I am grateful for Mr. Bruzzo’s help and I would enthusiastically recommend him for any Petition to Seal and Destroy Arrest Record.


Dated:4/7/17                                                                                                                       CO


 

I was arrested and charged for Domestic Battery under Penal Code Section 243(e) (1). These charges arose from an argument with my girlfriend. I also believe that the police jumped to some conclusion that were not warranted by the facts.
I then appeared in court. After a few appearances the Prosecutor DISMISSED the case. However, I still had an arrest for Domestic Battery on my record which I did not want which could have affected my job prospects.
I spoke to several lawyers about a factual innocence / Petition to Seal and Destroy Arrest Record [Penal Code Section 851.6 et. seq.].They all told me I could not get the arrest removed. I then spoke to Mr. Will Bruzzo. Mr. Bruzzo has a lot of experience with these matters and told me he believed we could be successful in getting the Arrest Sealed and Destroyed.
I worked with Mr. Bruzzo for a few weeks to get material showing my good character. He then filed the Petition with all my good character evidence with the Court and the Prosecutor.
My Petition was GRANTED and my arrest record will be Sealed and Destroyed.
I am very happy with this result and I would recommend Mr. Bruzzo for any Petition to Seal and Destroy Arrest Record.


Dated:9/9/16                                                                                                                       MB


 

In 2004 I was in a verbally and physically abusive marriage. I called the police many times over the years. One night I was assaulted by my husband and while fighting him off me I scratched him. When I finally broke free I called the police.  The police came over to our home and because we both had injuries, we were both arrested for Domestic Violence under Penal Code Section 273.5. 
The District Attorney never filed the charges against either of us. However, the arrest remained on my record and years later it was still there affecting my career advancement despite the fact I had left my husband and started a new life.
I hired Attorney Will Bruzzo to help me remove the arrest under a Petition to Seal and Destroy Arrest Record/Factual Innocence motion under Penal Code Section 851.8. Mr. Bruzzo is very experienced in these matters and had to educate the District Attorney and the Judge.
On the second appearance Mr. Bruzzo was able to convince the court to GRANT my petition which Sealed and Destroyed my arrest record
After many years I am finally over the effect of being abused by that man. I am very grateful to Mr. Bruzzo and I would enthusiastically recommend him for any Petition to Seal and Destroy Arrest Record/Factual Innocence Motion.


Dated:10/16/15                                                                                                                       LR


 

I was arrested and charged with possession of a controlled substance as a felony (Penal Code Section 11377(a) [Possession of Methamphetamine]; my family hired Attorney Will Bruzzo to represent me. At my first court date, while still in custody, Mr. Bruzzo got the case DISMISSED after I gave DNA and I was released from custody.
Mr. Bruzzo got the case dismissed despite the fact I admitted under police questioning to having the controlled substance on my person and I handed the drug to the police. At the time I was battling a drug addiction.
Several years later I was a successful college student in an engineering major and certain opportunities were offered me that could have been effected by the arrest even though the case was dismissed. In fact I was told I would have to drop out of a program because of my arrest.
I then approached Mr. Bruzzo again about what I could do to remove the arrest from my record. Mr. Bruzzo informed me that under California law an arrest can be removed if a person is found to be factually innocent under Penal Code Section 851.8;  this legal process requires that the Defendant file a motion requesting that the Defendant (me) be found factually innocent of the arrest and that the record of arrest be sealed and destroyed.
Mr. Bruzzo informed me that while it would be very difficult to find me factually innocent of the charges he had been very successful in previous cases because the District Attorney generally is not interested in taking the time to oppose these requests since the case was dismissed anyway.
We then hired Mr. Bruzzo to file a factual innocence motion pursuant to penal code section 851.8 of the California Penal Code. Mr. Bruzzo requested my school transcripts and also got letters of recommendation which showed my success in school. Mr. Bruzzo submitted all these documents to the court with the moving papers.
At the hearing of the matter the court GRANTED our motion and now my arrest record will be sealed and destroyed to include with the Department of Justice.
I am very grateful to Mr. Bruzzo for this result and I would therefore enthusiastically recommend him for any Factual Innocence, Sealing and Destruction of arrest records or criminal matter.


Dated:1/28/15                                                                                                                       MS


 

I was charged with felony unlawful intercourse with a minor (Penal Code Section 261.5(c)). However the police failed to arrest me or even notify me of the warrant. When I discovered the warrant 6 years later I hired attorney Will Bruzzo to represent me because of his experience with these cases. Mr. Bruzzo got the case DISMISSED for me due to the large passage of time. However, the evidence of the warrant and the charges filed in court still existed when background checks were performed. Mr. Bruzzo advised me the only way to clean my record was through a Factual Innocence [Seal and Destroy Records] motion (Penal Code Section 851.8) Mr. Bruzzo filed the motion with the court and got the motion GRANTED. This is despite the fact there was evidence that I did commit the crime. When the order was granted it meant that all records for the case are SEALED AND DESTROYED. I am very happy with this result and I would enthusiastically recommend Mr. Bruzzo for any Factual Innocence Seal and Destroy arrest records motion.


5/28/14
KR                                                                                                                                  


 

I was arrested for Domestic Violence in Orange County but I was never officially charged by the District Attorney and I never had to go to court. However, despite that the arrest stayed on my record. I was arrested because my wife and I had some very minor physical contact which caused no injury;  despite that, the police used those facts as grounds to arrest me. I did not feel it was fair for me to go through life with an arrest for a crime I did not commit.

Mr. Bruzzo had originally represented me when I was first arrested and I know he is a very experienced and effective criminal defense attorney so I hired him to help me clear the arrest from my record.

Mr. Bruzzo did so by filing a petition and motion under Penal Code Section 851.8, also known as a Factual Innocence Motion Or Petition to Seal and Destroy Arrest Record. Mr. Bruzzo helped my wife and I draft new declarations where we described what happen on the night in question.  The Petition is a two part process where the Petition is first submitted to the police to get them to act on it, and then if they don’t agree to destroy the records, it goes to the court. In my case the court agreed that there was evidence that I was factually innocent and the court ordered that MY RECORDS BE SEALED AND DESTROYED.

I am very grateful to Mr. Bruzzo for what he was able to accomplish for me and I would enthusiastically recommend him for any similar matter.

9/14/12                                                                                                MA




I was arrested for Domestic Violence in Orange County but I was never officially charged by the District Attorney and I never had to go to court. However, despite that the arrest stayed on my record. Ironically, I was actually the victim in the case but because my assailant had some minor injuries resulting from me defending myself, we both got arrested. I did not feel it was fair for me to go through life with an arrest for a crime where I was actually the victim. I initially hired a firm several years after the fact to get rid of the arrest from my record. They went to court but were unsuccessful in getting the matter removed.
Then, some time after that, I contacted Will Bruzzo of the Law Offices of William W. Bruzzo and told him my story. He told me he thought I had a very compelling story and so he agreed to try again to get the arrest removed from my record. He did so by filing a petition and motion under Penal Code Section 851.8, also known as a Factual Innocence Motion Or Petition to Seal and Destroy Arrest Record. Mr. Bruzzo spent considerable time helping me write my declaration wherein I described that I was actually the victim trying to defend myself, not the culprit. The Petition is usually a two part process where the Petition must first be submitted to the police to get them to act on it, and then if they don’t agree to destroy the records, it goes to the court. Well, in my case my declaration and associated papers proved substantial enough to cause the police to AGREE TO SEAL AND DESTROY MY ARREST RECORD. This means my arrest will no longer appear on background checks.

I am very grateful to Mr. Bruzzo for what he was able to accomplish for me and I would enthusiastically recommend him for any similar matter.

Date: 4/5/12                                                                                     
BS

                                                 

Petition to Seal and Destroy Record/Factual Innocence

William W. Bruzzo
Xerox Centre
1851 E. First Street, 9th Floor, Suite 900
Santa Ana, CA 92705
714 547-4636

 

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ASSAULT AND BATTERY DEFENSE LAWYER ORANGE COUNTY