Each year, California police make thousands of arrests for non-violent offenses. Many of these cases are never charged, while others are dismissed or found not guilty. But an arrest without a conviction still goes on your record. Having an arrest record can impact your ability to get a job, apply for housing, join the military, or go to college.
Fortunately, an arrest doesn’t have to follow you forever. Under California law, you have the right to petition to seal your record. Here’s how sealing records and relief options work together to protect your privacy.
Who Qualifies
In the past, Penal Code 851.8 required a factual innocence motion to seal arrest and booking records. That standard was very difficult to meet and relief was almost never granted.
In January 2018, the CARE Act (Senate Bill 393) added Penal Code sections 851.91 and 851.92 and made petitioning arrests without conviction an automatic right. The law also prohibited the unauthorized disclosure of sealed records, with civil fines of $500 to $2,500 per violation.
Who Can See a Sealed Record?
There are several requirements for sealing a record. Depending on the case, a judge will weigh your overall criminal record, arrest, evidence, and whether sealing serves the interests of justice.
Courts typically seal records for:
- Arrests with no criminal charges filed
- Dismissed cases
- Acquittals or not guilty
- Convictions that were vacated or overturned on appeal
- Dismissed charges after completing a pretrial diversion program like deferred entry of judgment or drug treatment
Exceptions and Legal Limits
Sealing your records only protects them from the public. It doesn’t erase them entirely. Law enforcement and government agencies can still access your records. And you must report an arrest if you obtain a state license, run for public office, or apply to become a police officer.
There are also certain circumstances that limit or prevent sealing eligibility. For example:
- Cases where the person may still be charged
- Serious offenses with no statute of limitations like murder
- A record with a pattern of domestic violence, child abuse, or elder abuse offenses
- Fleeing the jurisdiction or committing identity theft to avoid charges
In some repeat arrest cases, a judge can still choose to grant relief if it serves the interests of justice. For convictions, you may need to explore other options like expungement or sentence reduction.
How We File
Sealing a record is complex, especially when navigating statutes of limitations, prior arrests, or diversion. That’s why at Stein Defense, we start with reviewing the facts.
We first analyze your rap sheet to determine your eligibility. If you qualify, we prepare and file a motion to clear your arrest record. After filing, we represent you at all hearings and respond to objections raised by the district attorney.
The filing process can be lengthy. Your petition must be filed in the county court or city where you were arrested at least 15 days prior to your hearing. A copy must also be served to the prosecution and arresting law enforcement agency. One petition applies to one arrest, meaning you must file separate petitions for each arrest you want sealed.
Contact Us Today
Your arrest belongs in the past. With Attorney David A. Stein on your side, you can seal it for good.
