Throwaway to protect the innocent and all…

In 2020 my ex filed a false report that got me in cuffs on a Misdemeanor and spending the night in jail. I was released on a promise to appear, and the DA ended up declining to prosecute the matter. In 2022 I contacted the lawyer I had on retainer on the case, and he recommended a seal and destroy to address the arrest. I agreed and this got granted.

I recently learned that a separate section of my state’s (CA) Penal Code addresses a petition to declare “Factual Innocence” in this case (and I’m about 99% sure that given the case didn’t even see the light of day at arraignment, I qualify). However the statute of limitations is only 2 years and I’m wondering if there exists any leeway to argue that due to improper legal advice I was never even advised of this option by my attorney. Essentially: I’d like a second chance to request a finding of factual innocence from the DA and barring that- from Court, on the basis that counsel provided was inadequate and did not make me aware of this option.

I also would like to know what differences exist between a seal and destroy vs finding of factual innocence in terms of record-keeping at the state and federal level. My fairly rough understanding is that the latter is supposed to be a more thorough reset of one’s criminal record and should also extend to things like live scans and CLETS hits but I’d like to hear from folks with expertise/experience.

I also should add that as far as evidence goes, I actually have a photo of my ex being the aggressor in the incident in question. I also am highly confident that testimony by the arresting officer would reveal that he had zero probable cause to detain me, let alone arrest me given the complete lack of corroborating evidence.

My main reason for asking is a matter of principle as my ex literally lied to get me arrested and I’d really prefer for this record not to follow me for the rest of my life, even as a “confidential” rap sheet hit (I had zero criminal record prior to this). I also would like to apply to jobs where even this arrest record may attract unwanted attention.