• Petition to Seal and Destroy Arrest Records


    California law changed in 2018 so that more people with arrest records (that did not lead to a conviction) can get them sealed. If it is possible for you to seal an arrest record, it is always a good idea. “Sealing” an arrest record means that all documents related to your arrest—including your fingerprints—are confidentially sealed for 3 years, and then destroyed.

    The benefit of having your arrest record sealed is that it deletes the information from your RAP sheet (your official criminal record kept by the state), so even law enforcement officers will NOT be able to see the information in most cases. Once your arrest record is sealed, it is as if the arrest (and any related proceedings) never happened.

    SB 393, a new law that went into effect on January 1, 2018, gives Californians the right to have their arrest records sealed if the arrest did not lead to a conviction. Although arrests for certain crimes may be excluded under the new law SB 393 requires the court to seal old arrest records if there is no possibility that any further charges will be brought.  Once the record is sealed, it is treated as if it never happened.

    Before SB 393 was passed, people were required to prove that they were factually innocent of the offense for which they were arrested to get it sealed. It is no longer necessary to prove factual innocence in most cases. Rather, any arrest that did NOT lead to a conviction can be sealed.

    There are two instances when you petition the court under Penal Code Section 851.8:

    1. When the prosecutor has not filed charges and the arresting agency has denied your Petition to seal or destroy the arrest record. The Petition in the court that has jurisdiction over the area where the arrest occurred.
    2. Charges were filed, the action was dismissed and the court has determined that you are factually innocent. The Petition will be filed in the court where the case was heard or dismissed.

    Qualifications:

    1. You must have been found factually innocent of the crime for which you were arrested.
    2. You must have been an adult when arrested or detained.
    3. The arrest or detention cannot have been for an infraction.
    4. You cannot have been convicted of any other crime connected to the arrest or detention.

    Which Arrest Records Cannot Be Sealed?

    If your record shows a pattern of arrests or convictions for the following crimes:

    1. Domestic Violence
    2. Child Abuse
    3. Elder Abuse

    A “pattern” is defined as two or more convictions, or five or more arrests, for separate offenses within a three-year period.[3218] In addition, if you were arrested for a crime with no statute of limitations (i.e. murder), you cannot have your arrest sealed under SB 393.[3219]

    Hearings:

    Once the hearing is scheduled, it is the responsibility of the petitioner to show that no reasonable cause exists to believe that the arrestee committed the offense. The District Attorney or the City Attorney has 10 days to submit a response to the petition.

    Deadlines:

    Petitions may be filed up to two years following the arrest date or the date the complaint was filed. Time restrictions may be waived upon showing good cause by the petitioner — meaning you can give the judge a really good reason why you could not or did not file your petition within the 2-year limit. Since many people will be beyond the 2-year time limit, these are some examples of reasons that may qualify as “good cause:”

    • If the charges are dismissed or you are acquitted more than 2 years after the date of your arrest or charging;
    • If the DA waited more than 2 years after the arrest, and then decided not to file charges;
    • In some cases, if you were trying to resolve your case informally, but were unsuccessful (but don’t wait too long afterward!).

    Keep in mind, however, that it will be up to the judge to decide whether your reason is good enough to waive the 2-year limit.

    Self-Help Filing of the Petition

    With the help of an experienced document preparer at United LDA, we will prepare the petition at your discretion for a fraction of the cost of hiring a lawyer.  And, the good news is it will be done right. 

    Petition to Seal Arrest RecordStandard Fees $1200.00 + Court Fee + Service of Process Fee

    This information is for general use and is not intended as full and comprehensive instruction. For additional information we recommend you seek legal advice. If you need to consult with an attorney, we will be able to provide you with a referral with one of our collaborating attorneys.