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Sealing an Arrest Record in California
If you had an arrest that did not result in a conviction, you may be able to seal your case under Penal Code section 851.91.External link icon This applies to the following situations:
- You were arrested but no charges were filed;
- You were arrested and charged, but the charges were dismissed;
- You completed diversion and the charges were dismissed;
- You completed “DEJ” (deferred entry of judgment) and the charges were dismissed;
- You went to trial and were found not guilty.
- You may request that a court seal your arrest records or criminal records. If a judge agrees with your request, the records will no longer be available to the public. However, some government agencies will still be able to see your sealed record.
If the judge grants your request, the arrest and court records will be sealed. But government agencies, like law enforcement, will still have access to them. You must still disclose the arrest when asked about it in applications for public office, for employment as a peace officer, or for a state or local license. You must also disclose the arrest if you are contracting with the California State Lottery Commission.
What Impact Does an Arrest Record Sealing Have?
Having an arrest record can impact your ability to get a job, where you live, join the military, or get accepted into a college.
Under law, anyone arrested in California, but never convicted can have their arrest records sealed. This means the details of the arrest will not appear on most criminal background checks.
A criminal record in California is a public record that means anyone can access a person’s criminal history, which includes possible employers.
Employers are technically prohibited under “California’s ban the box law” from taking into consideration an arrest that did not lead to a conviction, but in reality many will simply use other reasons to not hire you.
Further, getting your arrest record sealed could help you get accepted into a military career, accepted into a college, or obtain a professional license.
If you’re interested in learning more, please contact us for your free consultation!