Bcii 8270 Form – Fill Out and Use This PDF

The BCII 8270 form, issued by the State of California Department of Justice, facilitates the process for individuals seeking to petition for the sealing and destruction of adult arrest records under Penal Code 851.8. This legal provision allows those who were arrested but subsequently found to be factually innocent to clear their records, supporting their right to privacy and a fair representation in the public domain. For more detailed instructions and to ensure accurate completion of the BCII 8270 form, click the button below.

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Bcii 8270 Form PDF Details

In the State of California, individuals who have faced arrests but were subsequently found to be factually innocent have the recourse to petition for their arrest records to be sealed and destroyed. This process is formalized through the BCII 8270 form, a document that facilitates the submission of requests to clear one’s name under the auspices of Penal Code 851.8. The procedure allows for petitions to be directed to either the law enforcement agency responsible for the arrest or the court with jurisdiction over the offence, laying down a clear path for those looking to assert their factual innocence. Depending on the specifics of the case, such as whether accusatory pleadings were filed and the timing of the arrest or the filings, the petitioner may encounter different routes to have their request granted. Notably, there's a provision for petitions to be considered denied if there's no response within certain time limits, placing emphasis on the importance of adhering to deadlines and submission guidelines. This informative outline is not just procedural; it symbolizes a crucial opportunity for individuals to reclaim their rights and clear their reputations, reflecting the legal system's acknowledgement of the importance of accuracy and fairness in criminal records.

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Form Name	Bcii 8270 Form
Form Length	3 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	45 sec
Other names	california bcii seal, bcii, petition agency make, bcii 8270

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State of CaliforniaDepartment of Justice

Record Management/Record Sealing Unit

FORM BCII 8270 (Rev. 7/06)

Record Sealing Unit

P.O. Box 903417, Sacramento, CA 94203-4170

PETITION TO SEAL AND DESTROY ADULT ARREST RECORDS (Penal Code 851.8)

Print or Type required information

FULL NAME OF PETITIONER

Last

First

Middle

ALIASES

Date of Birth

DRIVER LICENSE NUMBER

SOCIAL SECURITY (OPTIONAL)

STREET NUMBER

STREET NAME

APARTMENT OR UNIT NUMBER

CITY

COUNTY

STATE

ZIP CODE

DATE(s) OF ARREST

NAME OF ARRESTING AGENCY

AGENCY CASE NUMBER

CHARGE(S)

DISPOSITION

SIGNATURE OF PETITIONER

DATE

SECTION TO BE COMPLETED BY LAW ENFORCEMENT AGENCY/COURT WITH JURISDICTION FOR OFFENSE(S)

I have verified the above information to be accurate.

SIGNATURE OF AGENCY OR COURT OFFICER

DATE

NAME OF LAW ENFORCEMENT AGENCY OR COURT

LAW ENFORCEMENT AGENCY CASE NUMBER OF COURT CASE NUMBER

CII NUMBER OF PETITIONER

FBI NUMBER OF PETITIONER

SECTION TO BE COMPLETED BY LAW ENFORCEMENT AGENCY (851.8(a) PC)

PETITION GRANTED

PETITION DENIED

PRINT OR TYPE NAME OF AGENCY

DATE

SIGNATURE OF AGENCY

DATE

SECTION TO BE COMPLETED BY COURT OF JURISDICTION (851.8 (b), (c), or (d) PC)

PETITION GRANTED

PETITION DENIED

PRINT NAME OF JUDGE

DATE

SIGNATURE OF JUDGE

WAIVER: TIME RESTRICTION ON FILING WAIVED (851.8 (l) PC)

PRINT NAME OF AGENCY OFFICER OR JUDGE

DATE

SIGNATURE OF AGENCY OFFICER OR JUDGE

Distribution: Department of Justice, Record Sealing Unit, PO Box 903417, Sacramento, CA 94203-4170 District Attorney

Petitioner

(SEE REVERSE SIDE FOR MORE INFORMATION ON PENAL CODE § 851.8)

PETITION TO SEAL AND DESTROY ADULT ARREST RECORDS – 851.8 PC

PETITIONER:

Penal Code section 851.8 PC provides that a person who has been arrested or detained and is determined to be factually innocent may petition the law enforcement agency or the court having jurisdiction over the matter to provide for the sealing and destruction of the record of that arrest.

Petitions concerning arrests occurring on or after January 1, 1981, or accusatory pleadings filed on after January 1, 1981, may be filed for up to two years following the arrest filing date. Until January 1, 1983, petitions can be filed for arrests which occurred or accusatory pleadings which were filed up to five years prior to the statute’s effective date of September 29, 1980.

PETITION THE ARRESTING AGENCY (851.8(a) PC

Penal Code section 851.81(a) PC provides in part: “In any case where a person has been arrested and no accusatory pleadings has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy its record of the arrest. A copy of such petition shall be served upon the district attorney of the county having jurisdiction over the offense.”

PETITION DENIED OR NO RESPONSE TO PETITION (851.8(b) PC

Penal Code section 851.8(b) PC provides in part: “If, after receipt by both the law enforcement agency and the district of a petition for relief under subdivision (a), the law enforcement agency and district attorney do not respond to the petition by accepting or denying such petition within 60 days after the running of the relevant statute of limitations or within 60 days after receipt of the petition in cases where the statute of limitations has previously lapsed, then the petition shall be deemed to be denied. In any case where the petition of an arrestee to the law enforcement agency to have an arrest record destroyed is denied, petition may be made to the municipal or justice court. A copy such petition shall be served on the district attorney of the county having jurisdiction over the offense at least 10 days prior to the hearing.” Note: the petitioner shall be responsible for obtaining the original petition from the law enforcement agency and submission to the court of jurisdiction.

PETITITON TO THE COURT OF JURISDICTION (851.8(C)

Penal Code section 851.8(c) provide in part: “In any case where a person has been arrested, and an accusatory pleading has been filed, but where no conviction has occurred, the defendant, may, at any time after dismissal of the action, petition the court which dismissed the action for a finding that the defendant is factually innocent of the charges for which the arrest was made. A copy of such petition shall be served on the district attorney of the county in which the accusatory pleading was filed at least 10 days prior to the hearing on the petitioner’s factual innocence.”

It is the responsibility of the petitioner to submit any declarations, affidavits, police reports or other evidence, which may exist to support the petition to appropriate the arresting agency or court and to serve a copy of the petition and supporting papers on the district attorney.

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Bcii 8270 Form – Fill Out and Use This PDF

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