Record Sealing in California

You may be elgible for a record sealing if you were arrested but never convicted of a crime. A record sealing will prevent others from accessing potentially embarassing information about your arrest. To be elgible in California, it must be shown that "you are factually innocent."

What Happens When Your Records Are Sealed?

Sealing an arrest record permanently erases and destroys the entire record. This includes fingerprints, booking photo, and arrest report. A record sealing may take up to a year, The length of time depends on several factors, including whether the arresting agency objects. You will want to contact a qualified and competent law firm to complete the process. Take a look at our comparison of law firms who specialize in record sealings.

Potentional Benefits of a Record Sealing

You can request to seal your arrest record if you were arrested as an adult and the case was never filed, dismissed, rejected, or you were found not guilty. As stated above, it permanently erases and destroys the entire record.

Unlike most criminal proceedings, the defendant has the burden of proof— making record sealing a challenging task. A skilled and experienced attorney can be successful. California Penal Code section 851.8 provides for record sealings. Part a states:

"In any case where a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy its records of the arrest. A copy of such petition shall be served upon the prosecuting attorney of the county or city having jurisdiction over the offense. The law enforcement agency having jurisdiction over the offense, upon a determination that the person arrested is factually innocent, shall, with the concurrence of the prosecuting attorney, seal its arrest records, and the petition for relief under this section for three years from the date of the arrest and thereafter destroy its arrest records and the petition. The law enforcement agency having jurisdiction over the offense shall notify the Department of Justice, and any law enforcement agency which arrested the petitioner or participated in the arrest of the petitioner for an offense for which the petitioner has been found factually innocent under this subdivision, of the sealing of the arrest records and the reason therefor. The Department of Justice and any law enforcement agency so notified shall forthwith seal their records of the arrest and the notice of sealing for three years from the date of the arrest, and thereafter destroy their records of the arrest and the notice of sealing. The law enforcement agency having jurisdiction over the offense and the Department of Justice shall request the destruction of any records of the arrest which they have given to any local, state, or federal agency or to any other person or entity. Each such agency, person, or entity within the State of California receiving such a request shall destroy its records of the arrest and such request, unless otherwise provided in this section."