Sealing Arrest Records

A person who has suffered an arrest that did not result in a conviction may petition to have their arrest and related court records sealed.  Starting January 1, 2018, California Penal Code §851.91 allows for sealing of misdemeanor and felony arrest records for adults.  This is a different process than sealing arrest records for people who are factually innocent. (Cal. Pen. Code § 851.8).

What will a petition to seal arrest and related court records do?

If the judge grants your petition to seal your arrest and related court records the order will:

·    Hide the arrest from the public, making it so the public will no longer be able to see you were arrested;

·    Order the sealing of your arrest records, police reports, and any related court records;

·    Order that the sealed arrest records, police reports, and any related court records not be disclosed to anyone except for criminal justice agencies; and

·    Deem the arrest to never to have occurred. Meaning, when asked, you can honestly state you’ve never been arrested for the crime EXCEPT if asked directly on an application for:

• Public office; or
• Employment as a peace officer; or
• A license by any state or local agency; or
• Contracting with the California State Lottery Commission.

At The Legal Hand, we handle the document preparing, court filing and process serving required for this procedure – We will even help you find an attorney to appear for you in court(if needed)! If you are interested in learning more about sealing your arrest records, please do not hesitate to give us a call now at 442.402.7777.