Many individuals mistakenly assume that an arrest without a conviction will not have serious consequences. This assumption is often incorrect, as arrests may still appear on background checks and influence essential decisions without a conviction. An arrest record may lead to missed employment, housing, or professional licensing opportunities. However, California law allows you to seal your arrest records and restore your reputation. At San Diego DUI Attorney, our lawyers are ready to help you petition for sealing your arrest record and secure your future.
An Overview of Sealing of Arrest Records
Sealing of arrest records in California refers to the legal process by which your arrest in the past can be hidden from the public. This is especially so when your arrest did not result in a conviction. This means that the arrest will no longer show up in background checks by employers, landlords, and private agencies. However, some government agencies (such as law enforcement or licensing boards) may still have access to your sealed records.
The Significance of Sealing Arrest Records
The Long-term Effect of an Arrest Record
An arrest can have long-term consequences, even if it does not lead to a conviction. In California, once an arrest is entered into the system, it is considered part of your criminal record. These records are commonly revealed in background checks conducted by employers, landlords, licensing agencies, and other institutions. Even being arrested, whether innocent or not, may lead to the loss of job opportunities, denial of housing, denial of loans, and social stigma.
Your arrest records being available for the public to view can often lead to misunderstandings. A prospective employer may dismiss you and never ask about the result of your case, and they may just proceed to the next candidate without providing any reason. The impact may not be noticeable, but it can be long-lasting.
Sealing of Arrest Records (A Second Chance)
Sealing an arrest record removes it from public view and gives you a second chance. When it is sealed, the arrest will not appear in most of the background checks done by private parties. In most cases, once sealed, you may legally answer ‘no’ when asked whether you have ever been arrested.
Record sealing can significantly improve access to professional opportunities and reduce the stigma associated with prior arrests, helping you move forward with greater privacy and confidence.
California Sealing Arrest Records Statute
Public Access and Arrest Records
In California, an arrest is considered part of your criminal history, whether it leads to a conviction or not. These records are typically public and accessible to third parties running background checks. This information is usually used by landlords, employers, and licensing boards to make crucial decisions. Due to this, people who were not formally charged or acquitted may still suffer the same social and professional drawbacks as those who were found guilty.
Sealing and Expungement
You should distinguish between sealing and expungement of a record. Sealing an arrest record means the information is no longer visible to the general public, but some government agencies can access it in some restricted cases. On the other hand, expungement applies to convictions and involves clearing the conviction from one’s record after the sentence has been completed.
Sealing of arrest records aims to safeguard the image and rights of those not convicted. Contrary to expungement, which removes convictions, sealing makes sure that an arrest that did not lead to a guilty verdict does not keep on having legal and social repercussions.
Legal Foundation (Penal Codes (PC) 851.8 and 851.91)
In California, two critical laws regulate the sealing of arrest records:
- Penal Code 851.8 permits sealing due to a determination of factual innocence
- Penal Code 851.91 is for people who were not convicted, even if they cannot prove their innocence. This is the more commonly used law
Both codes aim to prevent ongoing harm from an arrest, though their requirements and processes differ. It is essential to know the statute you are dealing with to seek relief.
Penal Code 851.8 Sealing Based on Factual Innocence
Penal Code 851.8 provides a legal remedy for individuals who can prove they were wrongfully arrested. Under this law, individuals can request the sealing and destruction of their arrest record if they can demonstrate that they should not have been arrested. Factual innocence means there was no reasonable cause to believe the individual committed the crime.
High Burden of Proof
The threshold for sealing a record under PC 851.8 is high. The petitioner must demonstrate, with clear and convincing evidence, that they were factually innocent of the crime. A judge must determine that the facts and circumstances show the arrest was not legally justified in the first place.
The process is legally complex and often resembles a formal evidentiary hearing. You must submit evidence, such as witness statements, police reports, and other documents supporting your innocence claim. The petition should be filed within two years of the arrest, but the court may waive this deadline in certain circumstances.
Results of Successful Petition
If the petition is granted, the arrest record, including fingerprints, booking photos, and related documentation, will not only be sealed but may also be destroyed. This represents the highest level of relief available under California law. The record is removed from public view and most private databases. However, certain government agencies may retain access to your record for specific purposes, such as licensing or law enforcement.
Although it is a powerful relief, PC 851.8 relief is hard to secure without the assistance of a skilled lawyer because the evidence required is of a high standard, and the time frame within which it can be filed is short.
Penal Code 851.91- Sealing Without a Finding of Innocence
Unlike Penal Code 851.8, which requires proof of factual innocence, Penal Code 851.91 provides an easier way to seal arrest records. This law was enacted in 2018, and it enables people to file a petition in the court to seal arrest records without the need to prove that they were falsely arrested. Instead, the law concerns whether the person fits specific criteria.
PC 851.91 was enacted to address the injustice of publicly available arrest records in cases without conviction. The focus is to provide you with an opportunity to get on with your life without being constantly punished for an arrest that did not result in a formal charge or a conviction.
Eligibility Criteria
To receive relief under PC 851.91, a person has to conform to the following requirements:
- The arrest was in California
- No charges were brought, charges were brought and dismissed, or you were acquitted
- The statute of limitations has run; the time within which the prosecution can bring charges has lapsed
- You did not receive a conviction for the crime
- You are not under any active criminal prosecution or imprisoned for another crime
Factual innocence is not necessary, as it is in PC 851.8. This makes the process more accessible, particularly for those unable to demonstrate factual innocence but were never convicted.
Exceptions and Limitations to Sealing Arrest Records
Previous Convictions and Repeated Arrests
Not all people are automatically qualified to get an arrest record sealed. Former convicts or those arrested on several occasions might encounter serious obstacles. In California, a history of convictions, and particularly violent or serious convictions like domestic violence, child abuse, or elder abuse, can make sealing your arrest record much more challenging. Even if the convictions are unrelated to the arrest in question, the court may view a criminal activity pattern as contrary to justice’s interests.
Senate Bill (SB) 393 provides that a pattern is two or more convictions or five or more arrests during a period of three years. The petitioners under this category should meet the usual eligibility requirements and prove that sealing their records would be in the interest of justice. This usually involves providing proof of rehabilitation, community service, and evidence of the hardship caused by continued public access to the arrest record.
Interest‑of‑Justice Petitions
California courts can permit an interest of justice petition to those with complex backgrounds. In such instances, the judge takes into account such factors as:
- Rehabilitation Efforts: Counseling, treatment programs, or community service documentation.
- Character Evidence: Statements by employers, relatives, or community leaders.
- Hardships Experienced: Evidence that continued access to the arrest record by the general public results in unnecessary economic, social, or psychological damage.
Even then, there is no guarantee the court will approve it. Judges have a lot of freedom to decide, and agencies such as the district attorney’s office can object.
Restricted Disclosure Requirements
Some entities have the right to access sealed arrest records even after sealing. They include the following:
- Criminal Justice Agencies: Police, court, and probation services.
- Licensing Boards: In some professions (For example, law enforcement, child care, and healthcare).
- Candidates in Public Office: Investigations into jobs that demand a lot of trust among the people.
The Effects of Sealing an Arrest Under PC 851.91
Once the petition is granted, the arrest record is sealed and noted as such in local and state law enforcement databases.
The individual’s Department of Justice (DOJ) record will indicate the arrest has been sealed, limiting its appearance in most background checks. Private parties, including employers and landlords, cannot access or use sealed arrest information.
There are, however, a few exceptions. Criminal justice agencies can still access sealed records, which must be disclosed under certain conditions, including when seeking a position in public office, state licensing, or working as a peace officer.
Despite these exceptions, PC 851.91 offers a high level of privacy and freedom from the long-term consequences of an arrest.
Why Sealing Your Arrest Record Is So Essential
Lingering Effects of an Unsealed Arrest
Many individuals assume that since they have never been found guilty of a crime, an arrest will not have severe consequences. In today’s highly scrutinized society, an arrest without a conviction can continue to affect you for years, making it difficult to find employment, shelter, education, and career advancement. Even when you have not been charged, your arrest can be seen, possibly costing you your job.
Landlords can also reject rental applications due to visible criminal history, such as previous arrests. Banks and lenders can also consider arrest records when making risk assessments. An old arrest showing up during the vetting process can significantly hinder efforts to obtain professional licenses or certifications. Such effects are especially unfair in cases where there were no charges, the arrest was dismissed, or you were acquitted.
Lost Rights and Opportunities under the Law
The inability to seal your arrest record may also imply losing valuable legal and financial opportunities. Persons whose arrest records are not sealed might have problems in acquiring:
- State and federal student loans
- Professional licenses (medical, legal, financial, and real estate)
- Government contracts or security clearances
- Immigration advantages or naturalization grants
- Eligibility for adoption or foster care
Even if you meet all the requirements, a visible arrest record can lead to delays, extra scrutiny, or even denial of opportunities. It can also increase insurance rates and limit housing assistance or welfare access. These obstacles can be especially discouraging for someone trying to rebuild their life after dealing with the justice system.
The Social and Emotional Cost
In addition to the physical obstacles, the emotional and reputational cost of an arrest on your record is relatively high. A criminal charge, whether substantiated or not, may cause embarrassment, shame, and stress.
Employers, friends, and others who see this information may form assumptions that impact your relationships and reputation.
Individuals are often forced to explain an incident that should no longer define them. This is especially harmful in cases involving mistaken identity, false accusations, or police error. Unless the record is sealed, little can be done to protect one’s privacy or restore one’s name.
Protection of Your Future
You can protect your future by sealing your arrest record under PC 851.8 or PC 851.91. After sealing, the record is taken out of most of the background checks, which are public and private. It reduces the risk of third parties unauthorized accessing your legal history. These third parties may misuse or misinterpret arrest information, except in some narrow situations where you hold a public office, are a law enforcement officer, or have a state license.
This distinction is crucial because it helps protect your legal status. It means that your past arrest will no longer negatively affect job applications, interviews, or background checks.
Sealing your record also assists in safeguarding your privacy. In this digital era, when your personal history can be easily spread by online databases, publicly available court records, and third-party background check websites, sealing the arrest prevents the further dissemination of this information. It minimizes your risk of identity theft, harassment, or abuse of your personal legal information.
Economic Benefits in the Long-Term
Sealing an arrest record may also lead to significant economic gains. Once your record is sealed, you are a more attractive job candidate, which results in improved job offers, career growth, and pay potential. You may become eligible for professional development opportunities and gain access to previously unavailable fields.
Some studies suggest that individuals with sealed or cleared records may experience improved outcomes in the job market. Increased access to housing, credit, and education enhances long-term financial stability. The price of hiring an attorney to seal your record is a small price compared to the income and opportunity you will earn throughout your life.
Rebuilding Your Reputation
Above all, sealing your arrest record offers the opportunity to restore your reputation and peace of mind. This process is a turning point for many, as they can now live without the burden of a false or outdated legal record.
By doing what it takes to seal an arrest record, one is safeguarding their dignity, minimizing daily stress, and creating a life that reflects who they are, rather than an event in their past that never led to a conviction.
Why You Should Not Try to Seal Your Record on Your Own
Complicated Legal Norms and Procedures
The procedure of sealing an arrest record in California is much more complicated than it might seem at first sight. Although Penal Codes 851.8 and 851.91 provide avenues of relief, both laws have strict eligibility and procedural requirements, deadlines, and evidentiary burdens. A successful petition is not merely a form filled out but also requires precise knowledge of legal terms, California case law, statutory interpretation, and procedural rules.
For example, in PC 851.8, you must file within two years of the arrest (or receive a time waiver approved by the court) and prove a high level of legal innocence, called factual innocence. This is done by providing precise and compelling evidence that the arrest was unjustified. You may also miss important deadlines or make mistakes when filing paperwork, leading to delays or even denial of the petition.
One Chance to Argue Your Case
The court usually allows you to argue your case while sealing your arrest records. If the petition is rejected, reapplying is hard or impossible. The initial effort must be duly addressed with extensive documentation, practical legal reasoning, and procedural adherence.
Attempting the process without legal counsel and facing a denial may result in the permanent association of the arrest record with your name, regardless of the circumstances. The risks are incredibly high, and success is unlikely without skilled legal representation.
Legal Strategy and Prosecutorial Opposition
The district attorney or other agency involved can, in most instances, object to sealing your arrest record, especially under PC 851.8, where the standard is higher. These legal representatives can claim the arrest was legitimate, even when the charges were not filed or dropped. The only way to beat this kind of opposition is with a compelling answer, case law, evidence, and a strong knowledge of how judges consider the concept of factual innocence.
A seasoned lawyer can build a strong case, provide essential paperwork, and refute any accusations made by the opposing party. Lawyers can also predict and counter the objections that may be raised in the hearing, giving you a better chance of success.
Going Through Court Filings and Hearings
A petition to the court can be a complex process for someone not conversant with the legal system. You will have to access records in law enforcement agencies, file motions in the appropriate court, serve the proper parties, and you may also have to appear before a judge. Every step is time-based and detail-based. Failure to meet one requirement may lead to the rejection of your petition.
A lawyer makes sure that all this is done right and effectively. They can also represent you in court, present your case professionally, and make follow-up calls to the Department of Justice, local police departments, or court clerks.
Improving Your Chances of Success
In a legal procedure where a second chance is not always available, it is not only advantageous to hire a seasoned attorney, but it is also a must. Lawyers who practice sealing arrest records know how to use the law in your case. They will determine the best Penal Code to seek relief, collect the necessary evidence, and make a smooth and convincing argument that meets the court’s expectations.
Find a Reliable Arrest Record Sealing Lawyer Near Me
Sealing your arrest record can eliminate many obstacles that unfairly restrict your employment, housing, and career opportunities. The relief granted under PC 851.8, based on factual innocence, or under PC 851.91, based on eligibility, can reinstate your privacy and reputation. The process is, however, complicated, and any errors may be irreversible. You want to find legal advice to guide you through critical deadlines, evidentiary requirements, and legal proceedings. Take the first step to protect your future today. Contact the San Diego DUI Attorney at 619‑535‑7150 to discuss your case and seal your arrest record with discretion and personalized attention.
