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Name: People v. Punzalan
Case #: B163411
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/29/2003
Subsequent History: None

Appellant was held to answer for fraudulent use of a credit card, but prior to trial, the prosecutor dismissed the charges. Following the dismissal, appellant petitioned the court for an order sealing and destroying his arrest record because he was factually innocent. The prosecutor did not oppose the petition. The City of Burbank and its police department opposed the petition, but it was granted. Burbank appealed. Here, the appellate court dismissed the appeal. Penal Code section 851.8, which governs the sealing of arrest records based on factual innocence, gives Burbank no standing to appeal. The arresting agency is removed from the picture after the prosecution files an accusatory pleading.