What is the effect of section 851.8 of the California Criminal Code when a defendant has not committed a crime?
California, United States of America
The following excerpt is from People v. Wheeler, (Cal. App. 2007):
Section 851.8 is for the benefit of those defendants who have not committed a crime. It permits defendants who can show that the state should never have subjected them to the compulsion of the criminal law because no objective factors justified official action to purge the official records of any reference to such action. (People v. Chagoyan (2003) 107 Cal.App.4th 810, 816.)
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