An arrest can have a lasting impact on a person’s life, even if they were never convicted of a crime. In California, arrest records are public documents, and they can appear on background checks, potentially affecting employment opportunities, housing applications, and even social situations. Fortunately, individuals who were arrested but not convicted may have the option to seal their arrest records in California, providing them with the opportunity to move forward without the lingering effects of a past arrest.
In this blog post, we will explain what it means to seal an arrest record, the process for sealing an arrest record in California, who is eligible, and the benefits of sealing arrest records. If you or someone you know has been arrested in California but not convicted, understanding your options for sealing your arrest record is an essential step toward moving forward.
What Does It Mean to Seal an Arrest Record?
Sealing an arrest record means that the arrest record is hidden from public view and can no longer be accessed by most individuals or entities conducting background checks. While the arrest record is not completely erased, it is sealed in such a way that it cannot be used against you in most situations. This includes preventing the arrest from showing up on background checks conducted by employers, landlords, and others who may be screening you for various opportunities.
Sealing an arrest record in California can provide individuals with a sense of privacy and security, as it allows them to move on with their lives without being reminded of an arrest that didn’t result in a conviction. It can also open doors to employment, housing, and other opportunities that may have been otherwise closed due to the presence of an arrest record.
Eligibility for Sealing an Arrest Record in California
Not everyone is eligible to seal their arrest record in California. The eligibility for sealing an arrest record depends on several factors, including the outcome of the case, whether the arrest led to a conviction, and the specific circumstances surrounding the arrest. Below are some of the key criteria that determine whether someone is eligible to seal their arrest record in California:
1. No Conviction Resulted from the Arrest
To be eligible for sealing, the arrest must not have led to a conviction. If you were arrested but the case was dismissed, you were acquitted at trial, or the charges were dropped, you may qualify for sealing. In these cases, the arrest did not result in a guilty verdict, and sealing the arrest record can prevent it from continuing to affect your life.
2. Charges Were Dismissed or Dropped
If you were arrested and charged with a crime but the charges were dismissed or dropped (either by the prosecutor or the court), you may be eligible to seal your arrest record. This applies even if you were arrested but never formally charged with a crime. It’s important to note that a dismissal or dropped charge can indicate that there was insufficient evidence to support the charges, making sealing your record a logical option.
3. No Conviction for the Arrested Offense
If you were arrested and later convicted, but the conviction was overturned on appeal, you may be eligible to have the arrest record sealed. Similarly, if the conviction was eventually expunged, you may be able to seal the arrest record related to that conviction.
4. Not Convicted of a Serious or Violent Felony
Certain arrests for serious or violent felonies may not be eligible for sealing, depending on the circumstances and whether the arrest led to a conviction for such offenses. In California, certain crimes, such as violent felonies, sexual offenses, or crimes involving minors, may be more difficult to have sealed. However, some less serious or nonviolent offenses may still be eligible for sealing even if they were serious at the time.
5. Completion of Court-Ordered Conditions (If Any)
If your case involved probation or other court-ordered conditions, you may need to have completed those conditions before being eligible to seal your arrest record. This may include successfully completing probation or attending counseling or rehabilitation programs. If you meet the requirements of any court orders, this can strengthen your case for sealing your arrest record.
The Process of Sealing an Arrest Record in California
The process of sealing an arrest record in California is relatively straightforward, but it requires careful attention to detail and specific legal procedures. Below is a step-by-step guide to help you understand the process for sealing your arrest record:
1. Request a Copy of Your Criminal Record
Before you can begin the process of sealing your arrest record, you will need to obtain a copy of your criminal record. This will help you determine whether your arrest is still on file and whether you are eligible for sealing. You can request your criminal record from the California Department of Justice (DOJ) or from the local law enforcement agency that made the arrest.
2. Consult with an Attorney
While it is possible to file a motion to seal your arrest record without legal representation, it’s highly advisable to consult with a criminal defense attorney who is familiar with the process. An attorney can evaluate your case, ensure that you meet the eligibility requirements, and guide you through the legal process. They can also help you gather the necessary documentation and file the motion correctly.
3. File a Petition to Seal the Arrest Record
Once you’ve determined that you are eligible to seal your arrest record, you will need to file a petition with the court. The petition must include details about the arrest, including the case number, the date of the arrest, and the outcome of the case (e.g., dismissal or acquittal). In the petition, you will request that the court seal the arrest record in accordance with California Penal Code Section 851.91.
4. Provide Supporting Documentation
Along with your petition, you will need to provide supporting documentation, such as:
- A copy of the arrest record
- Documentation showing that the charges were dismissed or dropped (e.g., a dismissal order)
- Proof of any completed court-ordered conditions, if applicable
- Evidence of good behavior or rehabilitation, if relevant
This documentation will help the court assess your request and determine whether sealing the record is appropriate.
5. Court Review and Hearing
After the petition is filed, the court will review your case and determine whether sealing your arrest record is warranted. In some cases, a court hearing may be required. During the hearing, the prosecutor may present arguments against sealing the record, and you or your attorney will have the opportunity to present your case for why the record should be sealed. The judge will then make a decision based on the evidence presented.
6. Court Decision
If the court grants your petition to seal your arrest record, the record will be sealed and inaccessible to the public. While certain government agencies may still be able to access the record (for example, for certain law enforcement purposes), the arrest will no longer show up in background checks for most employers or landlords. If the motion is denied, you may have the option to appeal the decision or file a new petition at a later date.
Benefits of Sealing Your Arrest Record in California
Sealing your arrest record can have several important benefits, particularly in improving your quality of life and providing opportunities that may have been limited by your past arrest. Here are some key benefits:
- Improved Employment Opportunities
One of the most significant benefits of sealing your arrest record is that it can help improve your chances of securing a job. Many employers conduct background checks as part of the hiring process. If your arrest record is sealed, it will not show up in most background checks, allowing you to apply for jobs without the stigma of a prior arrest. - Better Housing Opportunities
Landlords often conduct background checks to screen potential tenants. If your arrest record is sealed, it will no longer appear on these checks, which may make it easier to find housing. - Privacy and Peace of Mind
Having a sealed arrest record provides privacy and the peace of mind that comes with knowing that a past arrest will not continue to haunt you. It allows you to move on from the past and pursue a future free from the lingering effects of an arrest that didn’t result in a conviction. - Reduced Stigma and Stress
An arrest record can carry a stigma, even if you were never convicted of a crime. Sealing your arrest record can reduce the social and psychological stress of having an arrest on your record, allowing you to fully reintegrate into your community and move forward with your life.
Contact Us For Help
Sealing your arrest record in California can provide you with a much-needed fresh start, particularly if you were never convicted of a crime. The process of sealing your record is a legal right that can help you regain control over your life by removing the barriers that an arrest record may have imposed. If you are eligible and wish to seal your arrest record, consulting with a qualified criminal defense attorney can help you navigate the process and increase your chances of success.
If you are ready to take the next step in clearing your record, contact our office today at 714-328-6189 to schedule a free consultation and learn more about your options for sealing your arrest record in California.
