In today’s world, a criminal record, even for a minor offense, can create serious obstacles long after a sentence has been completed. It can disrupt lives, block access to housing, and limit fundamental opportunities. This lasting stigma is not permanent. Record sealing, a form of post-conviction relief, is a powerful legal tool that allows individuals to move beyond past mistakes and rebuild their lives.
Record sealing involves not only paperwork but also the legal process of ensuring that your past criminal case information is not made public, offering a genuine opportunity for a fresh start. It may either lead to a dream job or automatic disqualification.
Contact the experienced team at Pasadena Criminal Attorney. We recognize the paramount importance of a clear record, and we are committed to assisting you with all the procedures involved in record sealing. Contact us for a confidential consultation and take the first step towards a bright and unrestricted future.
Who Can Seal an Arrest Record?
Sealing an arrest record is a powerful judicial solution that enables you to remove an arrest history from public view. More importantly, there is a difference between the arrest record and the conviction record that is sealed. The concept of arrest record sealing focuses on cases where the individual was acquitted, treating the arrest as though it had not occurred for most legal purposes.
Most importantly, the qualifications to seal an arrest record depend on the “no conviction” rule. This is a route taken by people who were initially suspected but were eventually found not guilty.
This group comprises those people whose criminal actions were terminated in any of the following dispositions:
- Charges dropped (dismissed) — The prosecuting agency (District Attorney or City Attorney) decides to drop the charges before trial.
- Acquittal — The accused was acquitted following a court trial or a jury trial.
- Charges never filed — This is a case in which the suspect was detained, and the prosecutorial agency analyzed the police reports and refused to press any criminal charges.
In California, this is regulated by Penal Code 851.91, also known as California’s automatic sealing law. However, petitioning is still often recommended to ensure accuracy and completeness. This law applies when an individual was arrested but never charged, or when the charges were dismissed and a certain amount of time has passed without re-conviction.
In instances where you have been arrested but not charged, a crucial qualification parameter is the statute of limitations (SOL). An arrest record will not usually be sealed by a court until the period during which the prosecutor can legally prosecute has passed.
With most misdemeanor offenses, the SOL is one year. In the case of most felonies, the statute of limitations is typically three years. However, some serious or violent felonies have much longer or unlimited statutes of limitations. In non-filed cases, an attorney must ensure that the prosecution cannot press charges before a successful motion to seal the case can be granted.
PC 851.91 offers an excellent route to clearing the records of individuals who were acquitted; however, the law that ensures the highest success in this regard is Penal Code 851.8. It is a tougher and stricter standard, and the petitioner has to demonstrate factual innocence.
To be eligible for the exception under PC 851.8, you must prove to the judge, by a preponderance of the evidence, that there was no reasonable cause to believe the petitioner committed the offense. Simply put, you have to demonstrate that you should not have been arrested even in the first place.
The process is usually applied in situations where:
- This was clearly a case of mistaken identity in the arrest
- As the arrestee, you were acquitted beyond a reasonable doubt by newfound evidence
- The police report contains indisputable errors regarding your involvement
An effective closure of a record under PC 851.8 means that the arrest record is not only sealed but also subsequently destroyed in accordance with statutory retention requirements.
Note: The sealing process is characterized by strict waiting times and a complex procedure. It is necessary to consult an attorney who can help confirm your eligibility under the corresponding penal codes and give you the best chance of winning.
Sealing Juvenile Records
In the case of juveniles within the justice system, the aim is to rehabilitate them and ensure that they do not have a permanent record that may ruin their lives as adults. Juvenile record sealing is also a significant aspect of juvenile law, which ensures that past errors do not ruin future accomplishments.
The current child justice reform legislations acknowledge the necessity of a transition towards adulthood. This has led to the enactment of legislation in many states that has created automatic sealing of some juvenile records.
These provisions are generally applicable to:
- Non-conviction records — They consist of cases that were dismissed, cases that were never filed, or cases in which the minor was found innocent
- Misdemeanors — Numerous minor misdemeanors or status crimes are automatically sealed when the minor successfully finishes probation or rehabilitation programs or when the minor attains the age of majority (18 or 21).
The purpose of these automatic sealing laws is to reduce the cost of barriers without requiring the former minor to seek the services of an attorney or file complex paperwork. Not all records, however, are eligible for this automatic process.
In the case of records that are not automatically sealed, the most critical issue is the petition that is filed in court. This is regulated in California by Welfare and Institutions Code (WIC) 781. The petitioner is usually allowed to do so by the time you reach 18 years, or earlier in case the jurisdiction of the juvenile court has ended within five years.
The following are the standard qualifications that, as the petitioner, you must prove to have your records sealed under WIC 781:
- Rehabilitation — The court ought to determine that the petitioner has been rehabilitated.
- Clean record — The petitioner has neither been found guilty of a felony nor of a misdemeanor involving moral turpitude within the five years preceding the date of filing the petition, or since the court's jurisdiction ceased (whichever is later).
- Lack of future jurisdiction — The petitioner is not in the jurisdiction of any juvenile court or dependency court.
Upon a successful petition, the court directs the records to be sealed and, in many instances, may also direct the physical destruction of the documents, as if the proceedings had never taken place.
Benefits of Record Sealing
The primary advantage of sealing a juvenile record is that it provides a fundamental solution to future success by eradicating the main barrier to success: the visibility of records. The proceedings become nonexistent once the court orders them sealed. As a result, the vast majority of private employers, landlords, and educational institutions that conduct regular background checks will be unable to locate and access information about the individual's previous juvenile offenses. This will enable the person to move forward with their life without any fear that their past will be subject to the random scrutiny of the masses.
As the closed history is not available to private bodies, the petitioner would have a decisive edge when applying to institutions and organizations that are stringent in their selection procedures. A sealed record will remove the burden of disclosing past juvenile crimes on college, university, and financial aid applications. Furthermore, although the military conducts its own background checks (which sometimes access sealed information), the sealed status makes the enlistment process much easier. It allows the recruit to continue with their training without worrying about past legal disclosures.
This newfound privacy is essential to secure professional and occupational licenses, which is one of the most significant measures to take in most professions. Licensing boards tend to investigate the applicant's previous legal participation. With sealed records, these boards cannot automatically strike off candidates who made some errors as juveniles. Thus, effective record sealing ensures that the person can maximize their professional potential and have an unencumbered path to more well-paying careers, ultimately fulfilling their long-term career ambitions.
Sealing Drug Diversion Records (PC 1000/DEJ)
Even minor drug possession can be associated with a tremendous stigma that imposes employment and education barriers. Fortunately, California law offers an effective means to clear these records through diversion programs, as outlined in Penal Code (PC) 1000, also known as Deferred Entry of Judgment (DEJ). It is a procedure that signifies a niche and high-volume area of record sealing, aimed at facilitating rehabilitation rather than punishment.
A participant has a legal right to be offered the opportunity to seal their arrest record upon successful completion of a drug diversion program. PC 1000 provides that a defendant who is generally charged with first-time, non-violent possession of drugs can plead guilty, but that the judgment be adjourned so that they would undertake a court-approved course of study or treatment.
The fulfillment of this program results in a specific outcome under the law: the court dismisses the charges. The law will then require that any arrest record involving the said offense be sealed. The petitioning process is usually not complex, as the court typically understands that successful completion of the DEJ program can automatically fulfill the rehabilitation obligation. This achievement will transform a pending criminal case into a dismissed, sealed record, preventing the original arrest from having any impact.
The practical impact of a drug diversion record being sealed is enormous, and it will fundamentally alter the future employment and housing prospects of the individual. The court is entitled to grant the sealing order, after which the proceedings are legally considered nonexistent.
This legal fiction provides the petitioner with a valid and legal right to respond with “no” to any application for employment or licensing questionnaire, regardless of whether the petitioner has ever been arrested or convicted of a sealed crime. The criminal history is not accessible to the public, so background checks conducted on the majority of employees will not reveal any record of arrest. This insurance helps eliminate the stigma associated with drug charges, enabling individuals to pursue careers in a wide range of fields, including healthcare, finance, and education, where stringent background checks are often required. Erasing this record is typically the final step in ensuring that the previous rehabilitation results in actual free economic movement.
Why Proactive Petitioning Remains Essential Despite Automated Record Clearance Laws
In the monumental shift toward rehabilitation, numerous jurisdictions, notably California, have shifted away from the traditional petition-based model in favor of automatic record relief through Clean Slate Laws (AB 1076 and SB 731). This legislative project utilizes technology to target individuals who have completed their sentence or diversion program in cases involving non-serious, non-violent, and low-level offenses. The authorities, in this case, the Department of Justice, are subsequently required to periodically audit state criminal records and automatically revise the status of these cases to either “relief granted” or “sealed.” This can be done without the individual having to fill out paperwork or pay any court fees.
The underlying principle of this automation is that it has addressed the colossal uptake gap, which was previously observed. Millions of individuals were being burdened by their old records because they could not navigate the intricate, time-consuming, and costly petition process. The state provides automatic relief, thereby removing the financial and logistical burden from the individual. Upon completion of their sentence or diversion, individuals experience instantaneous relief. The ultimate goal is to break down employment, housing, and educational barriers for large numbers of people, enabling them to reintegrate into society and decrease recidivism rates successfully.
Nevertheless, sometimes the mere use of this automatic process has its risks, and people should be aware of them. The automation solely depends on the correctness and completeness of electronic records of the state Department of Justice (DOJ). If a local court or agency fails to report a final disposition (like a dismissal or dismissal of a case) to the DOJ, the computer system will be unable to verify eligibility, and the record will remain unsealed. Furthermore, the law is intended to update and correct state records. It does not guarantee clearance on federal databases or in the state's professional licensing system, where even required disclosure is obligatory.
Therefore, while automatic relief is an incredible tool that benefits millions, proactive petitioners maintain a significant safety advantage. When you file an ordinary, paper petition, the judge reviews the case file and issues a conclusive written court order confirming dismissal and sealing. This is the most potent piece of evidence in the form of this judicial order. Through proactive petitioning, you can be assured that the relief has been awarded, receive the required certified court documents, and avoid waiting in any government backlog or experiencing data errors. This ensures the safety of the clean slate.
How to File for Record Sealing
The process of successfully sealing an arrest record is a legal endeavor that consists of four phases, organized in a specific order, beginning with initial preparations and culminating in the ultimate court proceedings. This involves:
- Retrieval and examination of the applicants' criminal history
- Careful drafting and submission of the formal petition to the court
- Formal service of process to inform the other departments of government of all this
- The court hearing and awarding the ultimate sealing order
Let's examine each one in detail.
Step 1: Research and Retrieval of Records
The record sealing procedure will commence with a self-examination and due diligence requirement. You should obtain and retrieve your complete criminal history record, commonly known as a RAP Sheet, through the state Department of Justice (DOJ) or similar departments. This is the step where you need to obtain the Live Scan fingerprints so that you can retrieve the required information:
- The date when the arrest was made
- The name of the arresting agency
- The initial charges made
- The ultimate disposition of the case was either dismissal, acquittal, or no charges were filed
The collection of these facts is the basis of your petition because the court depends solely on the facts you present to determine your legal eligibility for relief.
Step 2: Filing and Drafting of Petitions
After establishing eligibility and gathering all supporting documentation, the next important step is to draft and file the formal petition. You are required to fill out the exact court form, such as the California Judicial Council Form CR-409, with thoroughness and precision, ensuring that all fields accurately represent the information obtained from your RAP Sheet.
In some cases, primarily where the law does not provide for sealing as a matter of right, you need to include an elaborate personal statement. You should explain how granting the petition will be in the interest of justice. You do so by specifying the hardships the arrest record causes in other areas, like housing or employment.
Upon completion, you hand the original petition and the copies to the office of the court clerk in the office of the area where the case was filed, the first instance, or where the arrest took place.
Step 3: Formal Service of Process
The filing of the petition will trigger the need for a legal service, which will initiate the adversarial part of the sealing procedure. After the clerk appoints a hearing date (usually at least 15 days ahead of time), you should notify two essential agencies of the hearing date:
- The office of the District Attorney (DA) or other prosecutor
- The law enforcement agency that arrested you
You do this by providing a copy of the file-stamped petition and the notice of hearing to each party, which you typically send by certified mail, along with proper documentation of delivery. You submit and send a proof of service document immediately after the service is complete, which legally certifies to the court that all interested parties were given due notice, allowing the judge to proceed with the case.
Step 4: Hearing and Final Orders in the Court
The court hearing and subsequent sealing of the order are the last processes. You are required to be present in the hearing unless expressly told otherwise by the court because the DA or the arresting agency can come to contest your petition. In this step, the judge carefully reviews the documents submitted and may allow any objections and may also question you to provide a clear picture of the case.
If the judge signs the petition, they will issue the order to seal the arrest and related records. The court clerk then forwards copies of this official order to all relevant criminal justice agencies, such as the Department of Justice. These agencies are then obligated to update their records to reflect that the arrest is sealed, and the record is essentially under wraps, literally hidden within the confines of the agency.
Understanding the Burden of Proof Under California's Arrest Record Sealing Law
The system outlined in PC §851.91 essentially shifts the burden of proof, and the mechanism of record sealing has become much more transparent. Traditionally, the burden placed on the petitioners was substantial, as they needed to demonstrate factual innocence. It was a challenging burden that required establishing that the police did not have a reasonable cause to arrest the petitioners in the first place. This legislation changes the dynamic because now most eligible petitioners can qualify to seal their records, as it is their right. They simply need to prove that their arrest did not result in a conviction.
The legal burden is, therefore, reversed to the other party. When a petitioner satisfies the first eligibility requirements, the burden falls on the office of the District Attorney (DA) to demonstrate that sealing the record would not be in the interest of justice. The DA needs to express clear and convincing arguments as to why the public's right to access arrest records outweighs the petitioner's right to a clear record, rather than requiring the petitioner to demonstrate a need for the remedy. This change also makes it much easier for applicants with relatively clean records.
This is a significant advantage, although not all categories of offenses apply to it. The legislature had implemented certain exceptions where the law required greater scrutiny. In case the arrest was due to a pattern of crimes, that is, crimes committed against domestic violence, child abuse, or with respect to elder abuse, the petitioner is to go back to a more rigorous standard. In these delicate situations, the applicant should positively demonstrate to the court how the active execution of the sealing petition is beneficial to the interests of justice. This requires a persuasive statement with evidence of rehabilitation and good character. Therefore, the compelling burden is once again left to the individual.
Find a Criminal Defense Attorney Near Me
The decision to pursue record sealing is the definitive step toward reclaiming your future. It is not merely the paperwork but the legal fact of turning the page, removing the most significant barriers from your path to steady employment and safe housing, and being able to continue without being wrapped in undue suspicion. This is because this process will demonstrate that the mistakes of your past do not necessarily dictate how the rest of your life will unfold.
The fact that court procedures are complicated should not make you lose your clean slate. Contact the Pasadena Criminal Attorney to determine if you qualify. Contact our team at 626-689-2277 to receive professional guidance throughout the record sealing process.
