[PROPOSED 3rd] ORDER OF EXONERATION AND FOR SEALING AND DESTRUCTION OF ARREST RECORDS, AND FOR WITHDRAWAL AND DESTRUCTION OF DNA SAMPLES

NATHANAEL COUSINS, District Judge.

Pursuant to the Stipulation of the City of Oakland and Chief of Police Whent on behalf of the arresting agency, the Oakland Police Department; this Court hereby EXONERATES and finds each of the persons listed below FACTUALLY INNOCENT of all charges for which they were arrested by the Oakland Police on January 28, 2012.

This Court, having found the below-listed persons to be factually innocent of the charges for which the arrests were made, orders Defendants, the Department of Justice, and any other law enforcement agency which participated in the arrest of the below named individuals on January 28, 2012, to seal all records of their arrest on January 28, 2012, and to destroy said records. [Cal. Penal Code § 858.1 (b)]

The destruction of arrest records pursuant to this Court's order shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest, and the record shall be prepared again so that it appears that the arrest never occurred. However, where the only entries on the record pertain to the arrest and the record can be destroyed without necessarily affecting the destruction of other records, the document constituting the record shall be physically destroyed. [See Cal. Penal ode § 851.8(j)]

For those individuals who were charged with a felony and were required to provide a DNA sample prior to release, said DNA profiles shall be expunged and all such DNA samples withdrawn and destroyed.

The arrests of the below-listed persons on January 28, 2012 are deemed not to have occurred and pursuant to this Court's order, the below-listed persons may answer accordingly any question relating to its occurrence. [See Cal Penal Code § 851.8(f)]

Plaintiffs are ordered to file, under seal, a more detailed list of the below-listed persons which will include their dates of birth and Alameda County Sheriff's identification numbers provided (PEN numbers). Plaintiffs shall serve a copy to Defendants for the sole purpose of faclitating arrest expungement and DNA withdrawal pursuant to this Court's order. Defendants will provide a copy of the Court order to the California Department of Justice, along with the detailed list of Plaintiffs and of all Claimants, and advise said agency of the fact that the records of their January 28, 2012 arrests have been rendered obsolete on the basis of a finding of factual innocence pursuant to Penal Code § 851.8, which shall included expungement of all DNA profiles obtained and to request that any DNA samples be withdrawn and destroyed.

PERSONS WHO ARE FOUND FACTUALLY INNOCENT AND EXONERATED:

A. Charged with Misdemeanor(s)

IT IS SO ORDERED.