Common use of Sealing and Destruction of Arrest Records Clause in Contracts

Sealing and Destruction of Arrest Records. 3 The Parties stipulate to the following and seek the Court's order granting such 4 relief as of the Effective Date: 5 a. All arrest records, police reports, investigative reports, booking information, on 6 line data, or any other documentation or information pertaining to the arrests of the 7 Plaintiffs and Claimants who have submitted Approved Claims in the possession of the 8 Oakland Defendants and County Defendants shall be sealed and destroyed. 9 b. The Parties stipulate that the relief shall be the equivalent of a determination of 10 factual innocence pursuant to California Penal Code section 851.8, and that the 11 procedural requirements of that statute shall be waived, including any time deadlines and 12 notice to the District Attorney. 13 c. The Court shall issue an Order in the names of all of the Plaintiffs and 14 Claimants who have submitted Approved Claims, stating that it is the determination of 15 the Court, pursuant to the stipulation of the Oakland defendants (the arresting agency), 16 that the Plaintiffs and Claimants are factually innocent of the charges for which they were 17 arrested and that they are thereby exonerated. Thereafter, the arrest shall be deemed not 18 to have occurred and the person may answer accordingly any question relating to its 19 occurrence. (See, California Penal Code section 851.8, subd. (f).) 20 d. Destruction of records of arrest pursuant to the Court's order shall be 21 accomplished by permanent obliteration of all entries or notations upon the records 22 pertaining to the arrest, and the record shall be prepared again so that it appears that the 23 arrest never occurred. However, where the only entries on the record pertain to the arrest 24 and the record can be destroyed without necessarily affecting the destruction of other 25 records, the document constituting the record shall be physically destroyed. (See, Penal