Hello.
I was arrested for lewd conduct over 5 years ago in a bookstore when I was jerking off in a booth.

I was offered to go through some program with the district attorney where I took an at home course and the charges were dropped.

Is there any way for me to try and have this arrest taken off my record?

Thanks...

Willie J
(Los Angeles)

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I have the same question, from here in Ky, but mine was about 10 yrs ago.
Bradley

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While it's never a good thing to get arrested, the good news is you were arrested in Los Angeles and qualfied under its progressive program for certain cruising/public sex crimes. This is essentially a diversion program: on program completion, you were left with no criminal conviction on your record. This is an innovative program, of a type not available even in most of Caifornia.

I have not personally heard of such a diversion program in other states. So, the Kentiucky poster probably has an actual conviction on his record, and therefore would need to focus on expungement of his criminal conviction under applicable Kentucky law. In California, misdemeanors with probation are routinely expungeable (removable) on expiration of the term of probation (varies case-by-case, but usually, 2-3 years after date of conviction). A petition needs to be filed with the sentencing court requesting that relief.

With the L.A. program, however, there is no criminal conviction to expunge. For most purposes, including most employment applications, inquiries will be as to criminal convictions, not arrests.

You do, however, still have a record of arrest. It is not simple to expunge an arrest record in CA; generally speaking, it takes a showing of factual innocence. Although it seems unlikely, I will check to see if there is any such relief specifically available under the Los Angeles program and post the results here within the next couple of days.

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Wow, thanks for your quick response. I guess what you have to say is the good news and the bad news. Yes, I am very grateful that I was offered the diversion program and I have kept myself out of trouble ever since. Was hoping, however, that something could be done to get the arrest of my record.

I look foward to hearing what you find out.

Thanks again.

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We have been dealing with a few different issues under the general topic of expungement of criminal convictions and sealing of arrest records.

Under the California Penal Code, most criminal convictions can be expunged -- including most cruising-related crimes --- after the end of the probationary period or, one year, if no probation imposed. This is helpful and should be done in every case.

In California this conviction expungement does not, however, seal the person's arrest record. That is an entirely different matter, and generally requires proof of innocence of the crime alleged. Penal Code 851.8 provides for sealing and destruction of arrest records for persons not convicted of the crime, who can prove their innocence (which does, indeed, seem to turn the "presumtion of innocence" on its head!), and the relief must be sought within prescribed time period (usualy, within 2 years of arrest, detention, or filing of criminal charges, whicheverapplies)

The person who originally asked the question was the beneficiary of a special prosecutorial diversion program in certain courts in the City of Los Angeles (Downtown, Van Nuys, Hollywood), which has been in effect for the past several years. In brief, it is a discretionary program of the LA City Attorney's office for first time offenders. A key benefit is that it provides for pre-filing diversion; if the prosepective defendant doesn't commit any crimes during a 0ne-year period, there is no filing on the original charge. A great program, but not one that has any provision to negate the fact of an arrest.

Therefore, the short answer (at last!) to the very specific question: People arrested in the City of LA, who participate in the diversion program, have no conviction (and no case filed at all); they do, however, have an arrest record. There is no specific provision in the diversion program to negate this fact. The only remedies would be those discussed above re sealing and destruction of arrest records.

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