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Is an old California arrest record keeping you from a good job, earning more money and causing you embarrassment? We have cleared more than 19,000 criminal records and the chances are that we can help you.

California Arrest Record Sealing Eligibility

Take the first steps to a better life now by doing our free online evaluation and see if you are eligible to have your arrest record sealed.

Most arrest records and diversion programs can be sealed. The first is an arrest record sealing for an arrest that does not result in a conviction, the second is for an arrest that does not result in a conviction and for which you were wrongfully arrested--meaning you are factually innocent, and the third is for drug diversions in which no conviction occured.

Sealing Arrest Records Which Did Not Result in a Conviction

In 2018 the California Arrest Record Equity (C.A.R.E.) Act was enacted and allows for most arrests and dismissed criminal cases to be sealed. A majority of arrests are now eligible for sealing if no conviction occurred. To be eligible for a sealing under the new law, you must not have been convicted and the Statute of Limitations on the offense must have expired or the case cannot otherwise be re-filed by the prosecutor. The Statute of Limitations is the amount of time that the prosecutor has to charge you with a crime and initiate a criminal proceeding against you. For some offenses the Statute of Limitations could be as little as one year (most misdemeanors) while for other crimes it could be much longer (felonies are generally 3 years). Please take our online eligibility test or contact our office to see if the Statute of Limitations on your specific case has already expired or if we would need to wait to file.

While sealed records under this type of sealing can still be seen by criminal justice agencies, it is still an excellent form of relief because it is sealed from public access.

Sealing Arrest Records for Wrongful Arrest or Factual Innocence

Unlike the first type of arrest record sealing in which all that must occur is the Statute of Limitations to have passed and for no conviction to have been entered, factual innocence sealings require a showing that "you are factually innocent", meaning "that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made." Just because a person was not convicted and the case was dismissed is not enough to prove that the person is factually innocent.

This requires us to disprove at least one of the elements of the offense. We can present direct and indirect evidence. Direct evidence could be things such as your testimony about the events that led to the arrest or physical evidence such as the police report. We can also produce indirect evidence, such as the fact that you have never committed a similar offense.

While it is not a trial, record sealing cases can be complex and involve substantial arguing and working with evidence. California record sealing cases for dismissed cases are among the more complex and challenging record clearing cases. Success cannot ever be guaranteed on this type of case. Absent extreme circumstances, chances of success on this type of sealing tend to be much lower than for the other two types of sealing which are available.

One important distinction to remember is that a factual innocence sealing can be filed before the statute of limitations for the offense has run out while a standard dismissed case sealing cannot be filed until after the statute of limitations has run.

Sealing a California arrest record for factual innocence permanently erases and destroys all records of an arrest that did not lead to a conviction. The entire record, fingerprints, booking photo, arrest report, can be sealed and then destroyed three years after the arrest. The arrest will be treated as if it never occurred.

Sealing Arrest Record in Drug Diversion Cases

Our law firm can also petition the court to seal your records if 1) the court ordered a drug diversion program pursuant to 1000.5 or a deferred entry of judgment program pursuant to 1000 or 1000.8 and 2) the person successfully completed the program. If the judge believes that the interest of justice will be served by sealing the records then he will issue an order stating the arresting agency (not including the Department of Justice) and court records are sealed and no one is allowed access to the records.

If you would like to read more about the law surrounding sealing the record of a drug diversion program, see California Penal Code §851.9.

Additionally, you will be able to state that you were not arrested for the charge and it cannot result in the denial of employment, benefit, or certificates; however, you still must disclose the arrest in a questionnaire or application to become a peace officer.

The time it takes to complete a California record sealing varies by court, but the typical case in takes between five to seven months. The courts operate on a first-come, first-served basis, so the sooner you start, the sooner your record is cleared.

Our flat fee includes all costs. We will conduct the research, file the necessary motions, respond to written or oral opposition from the District attorney, and send one of our attorneys to court to argue the case in front of the judge.

In most cases, you will not have to physically appear in court. You can let us handle all the work, while you track the progress of your case online. We also have a low-price guarantee. Just show us a competitor’s quote or ad and we will gladly match it.

View all of the Record Sealing Frequently Asked Questions.