Does an indigent who is acquitted of a criminal charge have any right to counsel or to obtain a transcript of a postprosecution proceeding initiated by himself against the state?

California, United States of America


The following excerpt is from People v. Scott M., 167 Cal.App.3d 688, 213 Cal.Rptr. 456 (Cal. App. 1985):

The proceedings contemplated by section 851.8 occur after any state action or criminal proceeding has terminated favorably toward the defendant, and the right to have records expunged is a purely statutory one, invoked against the state at the request of the subject of the records. (See Loder v. Municipal Court (1976) 17 Cal.3d 859, 132 Cal.Rptr. 464, 553 P.2d 624, cert. den. 429 U.S. 1109, 97 S.Ct. 1143, 51 L.Ed.2d 562.) Nothing in the cited cases, nor anything brought to the attention of this court by appellant, suggests that an indigent who is acquitted after being prosecuted for commission of a felony has any right to counsel or to a transcript of proceedings with regard to a postprosecution proceeding initiated by himself against the state.

Other Questions


What is the current state of the law on the right of counsel in a criminal proceeding? (California, United States of America)
What is the test for obtaining a transcript of a criminal trial for an indigent criminal defendant? (California, United States of America)
What is the test for obtaining a transcript of a criminal trial for an indigent criminal defendant? (California, United States of America)
What is the test for a defendant in a criminal proceeding in a state or federal criminal proceeding? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
What is a defendant's constitutional right to counsel during criminal proceedings? (California, United States of America)
Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (California, United States of America)
Is a habeas corpus hearing included in the proceedings in which an indigent criminal defendant is entitled to appointed counsel? (California, United States of America)
Can a defendant who is charged with a charge of membership of a criminal gang commit one or more of the "two or more" predicate offenses necessary to establish a pattern of criminal gang activity? (California, United States of America)
What is the test for obtaining a written waiver of a criminal defendant's right to be present at a criminal trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.