Anaheim (714) 750-9606 - Tustin (714) 696-6997 michael@the-expungement-attorney.com
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SEAL AND DESTROY RECORDS

EXPUNGEMENTS

 

In California, sealing a criminal record, refers to deletion and destruction of an individual’s arrest record. For you,this means that the person was found to be factually innocent in court.

 

A person can have an arrest record sealed and destroyed when:

  • A prosecutor did not file criminal charges; or
  • When criminal charges may have been filed but charges were later dismissed; or
  • The case went to trial and you were found “not guilty” by a jury; or
  • You successfully completed a diversion program; or
  • Your conviction was reversed on appeal.

 

Sealing a Criminal Record

In California, the lawallows arrest records to be sealed when they did not result in a conviction, or in situations where there was a conviction, but it was reversed by a court of appeal.

To have your record seals in California, do the following:

Step1: Seek Legal Advice from The Expungement Attorney

Step 2: Collect Information Related to You Case

Example:

  • The location where you were arrested (county and city);
  • The law enforcement agency making the arrest;
  • Law enforcement agency case number;
  • Facts related to the arrest; and
  • A written statement regarding how sealing your record will help you in life.

 

Can a Sealed Record Appear on a Background Investigation?

No!Once a record is sealed, unless the person performing the background investigation is law enforcement, the record will not appear.  match after a background check, unless the requester is a member of the law enforcement.

Additionally, once a matter is sealed, the arrest report itself is no longer available to the public.

 

Who Has Access to a Sealed Arrest Record?

According to Penal Code Section 851.87, once a record is sealed by a Judge, only the person seeking that was arrested, and law enforcement, have access to the actual arrest report.

California Penal Code Section 851.87

(a)(1) In any case where a person is arrested and successfully completes a prefiling diversion program administered by a prosecuting attorney in lieu of filing an accusatory pleading, the person may petition the superior court that would have had jurisdiction over the matter to issue an order to seal the records pertaining to an arrestand the court may order those records sealed as described in Section 851.92 .  A copy of the petition shall be served on the law enforcement agency and the prosecuting attorney of the county or city having jurisdiction over the offense, who may request a hearing within 60 days of receipt of the petition.  The court may hear the matter no less than 60 days from the date the law enforcement agency and the prosecuting attorney receive a copy of the petition.  The prosecuting attorney and the law enforcement agency, through the prosecuting attorney, may present evidence to the court at the hearing.

(2) If the order is made, the court shall give a copy of the order to the person and inform the person that he or she may thereafter state that he or she was not arrested for the charge.

(3) The person may, except as specified in subdivisions (b) and (c), indicate in response to any question concerning the person’s prior criminal record that the person was not arrested.

(4) Subject to subdivisions (b) and (c), a record pertaining to the arrest shall not, without the person’s permission, be used in any way that could result in the denial of any employment, benefit, or certificate.

(b) The person shall be advised that, regardless of the person’s successful completion of the program, the arrest shall be disclosed by the Department of Justice in response to any peace officer application request, and that, notwithstanding subdivision (a), this section does not relieve the person of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830 .

(c) The person shall be advised that an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92 .

(d) As used in this section, “prefiling diversion” is a diversion from prosecution that is offered to a person by the prosecuting attorney in lieu of, or prior to, the filing of an accusatory pleading in court as set forth in Section 950 .

 

 We are available 24 hours a day.

 Office Address:

The Expungement Attorney

2372 E Orangethorpe Ave, Fullerton, CA 92831

Telephone (714) 750-9606

    FREE CONSULTATION

    the expungement attorney

    Michael holmes

    Office Address

    2372 East Orangethorpe Avenue
    Anaheim, CA 92806

    Telephone

    (714) 750-9606