Christiansen
People v. Christiansen
Opinion
Opinion
Rothschild, J.
Karen A. Christiansen appeals from the superior court’s order denying her request for the sealing and destruction of the fingerprint impressions obtained at the time of her arrest. We conclude that such fingerprint impressions constitute “records of the arrest” within the meaning of Penal Code section 851.8, and we therefore reverse. (§ 851.8, subd. (a).)
BACKGROUND
Christiansen was convicted on four counts of conflict of interest in violation of Government Code section 1090. She appealed, and we reversed her convictions, vacated her sentence and the restitution award entered against her, and directed the superior court “to enter an order dismissing all charges against her.” (People v. Christiansen (2013) 216 Cal.App.4th 1181, 1191 [ 157 Cal.Rptr.3d 451 ].)
On remand, Christiansen moved for dismissal of the charges and a finding of factual innocence under section 851.8, including “a concurrent order for all records of this arrest and conviction [to be] sealed and destroyed.” By the same motion, she also sought to have “all of her material identifiers removed from all State and Federal law enforcement criminal data[]bases forthwith” pursuant to section 299, including…