Rogers for a free eligibility evaluation. The only method for sealing your arrest record is to obtain an order from a judge in the jurisdiction where your case was filed or arrest occurred. An arrest record can only be sealed by filing a specific petition with the court and serving the appropriate parties. If the court orders your record sealed, it will prevent any member of the public from obtaining records relating to your arrest or documents within your court case.
A person is eligible for relief if their arrest did not result in a conviction and the prosecution does not have the capabilities of charging you, meaning:. If you fall into the eligibility category, then you may be able to seal your records as a matter of right.
In certain circumstances however, the judge will have the discretion to grant or deny your petition. Those instances are as follows:. If you fall within the above eligibility but the court has discretion to grant or deny your petition, then the judge will only be permitted to grant your petition if the interests of justice would be served.
- How to Seal an Arrest Record in California.
- When and How Do I Seal and Destroy My Arrest Record??
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To determine whether the interests of justice would be served, the judge will consider the following factors:. You have the initial burden to prove that you qualify for this remedy.
How to Seal and Destroy Arrest Records in California?
Once it is deemed that you are statutorily eligible, the burden will shift to the prosecution to prove whether this remedy should be given to you if this remedy is discretionary. Contrary to popular belief, an expungement does not erase your conviction. It merely adds a notation to your formal record reflecting that the conviction was dismissed per Penal Code An expungement permits a person to legally answer that they have no criminal convictions on most employment applications.
However, an expungement will not seal the arrest or court records.
Accordingly, a member of the public may still obtain court records despite your record ordered expunged. On the other hand, sealing your record is only available if the arrest did not lead to a conviction.
Seal & Destroy Arrest Record/Factual Innocence | Orange County Attorney
Sealing your record under Penal Code This prevents any person from the public from obtaining any arrest information or court documentation about your matter. If the court grants your petition to seal under PC The statute expressly states that it does not destroy arrest or court records. There are two possible ways to seal your arrest record in California:. Under PC The second method for sealing an arrest record utilizes a newer law effective January 1, , and it is a much more simplistic approach.
The general requirements that must be satisfied to qualify under PC Once the arrest record has been ordered sealed by the Court under PC Thus, your arrest record will be sealed from public view in almost all situations. However, under this section, your arrest record will still be visible on your DOJ rap sheet, but that will also be updated with a notation indicating that the arrest has been ordered sealed. Thus, you can legally and honestly state you have never been arrested in any other situation not listed above. If you feel that you were wrongfully arrested, then there is no reason to let that arrest remain a part of your permanent record.
Getting the arrest record sealed under PC An arrest can have a very negative impact on your life and can be a permanent blemish on your criminal record.
Need help sealing a criminal record in California? Call us…
If you or a loved one is considering taking action to get rid of any arrests from the past, then Law Office of Ashley Daniel is here to help you taking the all necessary steps to putting this matter behind you for good! Call us today for a free consultation! Sealing Your Arrest Record in California If you have ever been arrested in the past, then all the criminal arrest information will be on your permanent criminal record for life.
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