An arrest record can follow a person long after a case ends, affecting employment, housing, professional licensing, social status, and immigration status. Fortunately, California law provides several legal remedies that may limit or even remove the impact of past arrests and convictions. Depending on how a case was resolved, individuals may be eligible to seal an arrest record or seek destruction of records. Understanding eligibility and the differences between these options is essential to choosing the right path forward. If you have a past arrest record in California and are looking to remove its record from public view, contact an experienced criminal defense attorney today.
How to Seal an Arrest Record in California
Sealing an arrest record is available to individuals who were arrested in California but were never convicted of the crime. This includes cases where people were arrested but criminal charges were never filed, were dismissed, or resulted in an acquittal. Under California Penal Code section 851.91, eligible individuals may petition the court to have their arrest records sealed.
When an arrest record is sealed, it is completely removed from public view and as such will not appear on background checks conducted by prospective employers, landlords, or private screening companies. Once sealed, the arrest is treated as though it never existed and in most situations a person whose record is sealed may legally state that they were not arrested. However, sealed records may still be accessed by law enforcement agencies and certain government entities, including immigration authorities.
Can You Destroy an Arrest Record in California?
Destruction of records based on factual evidence offers the most complete form of relief but is also the hardest to obtain under California law. Under Penal Code section 851.8, a person may request destruction of arrest records by demonstrating factual innocence. This requires showing that no reasonable cause existed to believe the person committed the offense.
If granted, even law enforcement agencies must delete the arrest record from their systems, effectively eliminating its existence. This remedy is typically limited to cases involving mistaken identity, false accusations, or arrests made without probable cause. Destroying an arrest record offers the most relief but it is also the hardest burden to prove. Due to the strict legal standard and procedural requirements, legal representation is often necessary in pursuing this type of relief.
Expungement: Another Option for Criminal Records
Another option to eliminate an arrest record from public view is available in the expungement. Expungement in California, however, applies only to criminal convictions and is governed by Penal Code section 1203.4. Individuals who successfully completed probation and complied with sentencing requirements may be eligible to withdraw their guilty or no-contest plea and have their case dismissed.
However, a California expungement does not seal or destroy an arrest record. Instead, it changes the case status to reflect a dismissal after conviction. The record remains accessible to courts, law enforcement, and certain licensing agencies. Additionally, expunged convictions may still be considered for immigration purposes, professional licensing, and future criminal sentencing. However, expunged convictions generally do not appear on most public background checks. Individuals are also not required to disclose the conviction to most private employers. This relief can significantly improve opportunities for employment and housing.
Choosing the Right Arrest Record Relief Option for Your Situation
Sealing, destroying and expungements each provide relief that serves a different purpose under California law. Arrest sealing is often the most accessible option for individuals without convictions, while destruction provides the strongest relief in rare cases of factual innocence. Expungement offers post-conviction relief that can ease many, but not all, consequences. Eligibility rules, deadlines, and legal effects vary, and consulting with a California criminal defense attorney can help determine the best course of action and ensure the process is handled correctly.
Contact The Law Office of Nicolai Cocis for Help to Seal or Destroy an Arrest Record in California
If you have an arrest record and/or conviction you want removed from public view, relief may be available under California law. However, determining which option is right for your situation requires careful legal analysis. The Law Office of Nicolai Cocis, located near the Southwest Justice Center in Murrieta, California, can help you understand your eligibility and guide you through the process. Contact us today to schedule a consultation and take the next step toward clearing your record and protecting your future.
