A past mistake doesn’t have to shape your future. But for many people, past convictions can feel like a heavy weight, making it tough to land the job you want or find the right place to live. Arrest records can also be problematic, even if you weren’t convicted. So, how can you clean up your record and move forward in life? California law lets you seal your record to move on with your life.
The first thing you need to do is contact a defense attorney like the Desert Defense Lawyers. Depending on your criminal history, we can help you seal your record, including arrest records, if you weren’t convicted. With decades of legal experience and a track record of happy clients across Palm Desert, you’ll find the right legal support at Desert Defense Lawyers.
Record Sealing Under California Law
In California, “record sealing” is a legal process of hiding criminal arrest and sometimes conviction records from the public. It stops these records from showing up on background checks for most employers, landlords, and the general public.
California’s record sealing laws follow Senate Bill 731, or the “Clean Slate Law.” This law took effect on July 1, 2023, making sealing records automatic for many defendants. If someone has finished their sentence and has stayed out of trouble for a certain time, their criminal records will be sealed automatically. Usually, this happens:
- One year after finishing a misdemeanor sentence
- Right after completing probation for both misdemeanors and felonies
- Four years after finishing a felony sentence
The law also automatically seals arrest records if no charges were filed. However, serious crimes like sex crimes, child pornography, arson, or murder can’t be sealed, whether automatically or through a petition.
What’s a Criminal Record?
Criminal records, or rap sheets, are official documents that show a brief history of someone’s illegal activities. They include:
- Your full name, any previous names, and nicknames
- A photo and notes about any unique physical features
- Your birth date, race, ethnicity, and fingerprints
- Records of your arrests
- Any past or current charges against you
- Details about any convictions
- Any active warrants
A criminal record starts when you’re accused of a crime, and you get documented with a mugshot and fingerprints.
Typically, these records are public, so anyone can check them, including potential employers who might decide whether to hire you based on your background. Anyone can request to see your criminal record, as long as they show their ID and have a valid reason. That means past arrests can also affect your chances of getting professional licenses, enrolling in college or grad school, renting an apartment, or even dating if someone finds them.
Even though the records are sealed, they aren’t destroyed and can still be seen by law enforcement and government agencies.
With Penal Code 851.87, you can restrict access to your police and court records, including mugshots and fingerprints, if you were never convicted of the crime you were accused of. Only state and law enforcement officers will still have access to these records; in many cases, they might eventually be completely destroyed.
What’s the Difference Between Expunging and Sealing a Record?
People often wonder how expunging a record differs from sealing it. “Record expungement” or “sealing of criminal records” aims to give people a fresh start. When a criminal record gets expunged, it’s completely wiped from private and public records. The court sends out an order telling public offices that hold records of the case to destroy them. This whole process of removing an arrest or criminal conviction from someone’s record is what we call expungement.
While this option sounds great, it’s unavailable for every arrest or conviction. Whether you can get an expungement mainly depends on the laws of the place where your arrest or conviction happened. Typically, the police department that handled your arrest is where your case falls under.
If your area allows expungement, the next step is to check if your specific arrest or conviction qualifies.
For instance, some states might require a certain waiting period after an arrest before an individual can be eligible for expungement. Other states could have a list of conditions you need to meet. Some laws only let you expunge certain types of convictions, like gross misdemeanors, but not felonies. Often, offenses related to domestic violence and traffic violations don’t qualify either.
When someone seals their record, it becomes private and isn’t easily accessed by the public. Still, criminal justice agencies or government groups can access these sealed records if they have a court order.
The rules for sealing and unsealing records vary depending on local laws.
For instance, if someone is found not guilty in court, they might be able to seal their arrest or detention record. Others who were arrested for a crime may ask to have their arrest record sealed and destroyed if:
- They were never charged with a crime
- The charges against them were dropped
When Can Sealed Records Be Accessed?
Usually, once a record is sealed, it stays closed and gets destroyed after three years. However, some parts of the record can still be accessed in specific situations. For example, if you get arrested again, the prosecution can ask for all your arrest records, whether sealed or not. Law enforcement might also need to look at them while doing their jobs. Additionally, a state professional licensing board may have access to them under certain conditions.
Only the arrest records you specifically ask to seal will be sealed. A single request doesn’t automatically seal all your records.
While sealing your records has its perks, it doesn’t solve everything. You’ll still have to register as a sex offender if required, and it won’t restore your right to own firearms or hold public office. Plus, you’ll still need to disclose your record when applying for jobs as a public official, law enforcement officer, state lotto worker, or for a state professional license.
The Process of Record Sealing
In the past, you had to petition to seal your arrest record within 2 years of your arrest or when the charges were filed. There’s no strict time limit, but it’s still a good idea to act fast.
As soon as the statute of limitations on your charge runs out and you can petition, do it immediately.
To start the record sealing process, you must file with the court where you were charged with the crime. If there were no charges, you would file in the county or city where you were arrested. Make sure you file in the right place because filing incorrectly can slow things down or mess up the whole process.
After that, you need to “serve” your petition to the attorney or district attorney who handled your case or the law enforcement agency that arrested you. Your petition has to be filled out completely and accurately, detailing the charges against you and stating whether you’re asking for sealing as a right or for the interest of justice. Any errors can be serious, so having an experienced attorney take care of the paperwork is smart.
Once you submit your petition, the prosecution might challenge it, and they probably will. Challenges are more common with record sealing than expungements, so don’t be surprised if a hearing is required. You might not need to show up in court, but your lawyer is with you.
During the hearing, the judge will examine the evidence to decide if you can seal your record as a right under PC 851.87 or if sealing it would serve justice. If the hearing doesn’t go well, you might be unable to refile later, though there could be exceptions. So, you should pick your attorney wisely for this hearing.
Usually, you can get a court order to seal your arrest record within 90 days of filing your petition. Once the order is in place, the state DOJ and all relevant law enforcement agencies will be notified within 30 days. They have to follow the court order and can’t release your sealed arrest record unless it’s to authorized people.
If employers check your background later, they’ll see that your records have been sealed. They won't find anything if they run a limited check that only shows convictions. However, remember that some background checks might indicate that your record has been sealed. Employers can’t legally discriminate against you because of a sealed record, and many don’t want to. Still, sealing your records helps reduce the chances of unfair treatment, but it doesn’t completely erase them.
What Happens If Someone Leaks My Records Illegally?
Sometimes, a law enforcement agency might accidentally share your sealed arrest record with unauthorized people. If this happens, you can take legal action. The party that messed up could face fines ranging from $500 to $2,500 for each unauthorized release of a sealed record. You can also sue the person or department responsible for the breach, which could lead to compensation and extra damages.
So, it’s pretty rare for your sealed records to be leaked because the penalties for doing so are serious. If you find yourself in this situation, a defense attorney can help you deal with the illegal release of your sealed record, just like we can assist you in sealing it in the first place.
Can I Seal My Juvenile Arrest Records?
Sealing juvenile records is a different process from sealing adult records. If you’re no longer a minor and have been out of the juvenile court’s reach for at least 5 years, you can ask to have your juvenile records sealed. To qualify, you need to stay out of trouble with any serious crimes and not have any adult charges against you. Also, you can’t have any ongoing lawsuits related to those juvenile offenses.
Sealing Juvenile Records
If you got arrested, were part of a court case, or had any dealings with the juvenile justice system before turning 18, there might be records about those events in the courts, police, schools, or other public agencies. Getting those records sealed can make things easier for you, like finding a job, getting a driver’s license, securing a loan, renting an apartment, or applying to college. Sometimes, the court will automatically seal your records, but other times, you’ll need to file a petition to request it.
When the court seals your records, your case is no longer visible. That lets you honestly say you don’t have a criminal record when asked about your history. There are exceptions if you need a federal security clearance or plan to join the military.
Situations Where the Court Automatically Seals Your Records
If the juvenile court dismisses your case and you weren’t found guilty of any serious offenses listed in Welfare and Institutions Code section 707(b), you probably won’t need to ask the court to seal your records. These include serious crimes like:
- Murder
- Kidnapping
- Rape
The court will take care of it automatically if you complete your probation. If the court confirms you completed your probation satisfactorily, it must dismiss your case.
If the court decides you didn’t complete your probation successfully, it won’t dismiss your case or automatically seal your records. In that situation, if you want your records sealed, you’ll have to ask the court to do it (and you should find out how to make that request). That highlights why following your probation terms and working towards getting your case dismissed is crucial.
When Sealed Records Can Be Accessed
If your records are sealed after you complete your probation successfully, some agencies might still access them in certain situations:
- If the court sealed your records after dismissing your case, the prosecutor and others can check your record to see if you qualify for a deferred entry of judgment or an informal supervision program
- If a new petition is filed against you for a felony, probation can look at your past programs, but they can’t use that information to keep you in juvenile hall or punish you
- If you apply for benefits as a non-minor dependent while in extended foster care, the court might review your records
- If you’re in foster care, child welfare can access your records to figure out where you should live and what services you need
- If the juvenile court finds you committed a felony, it can check your sealed records to decide what sentence to give you. If you get arrested for something new and the prosecutor wants to move your case to adult court, the court can look at your record to see if that makes sense
Who Can Seal Juvenile Records
You can seal your juvenile records if:
- You’re at least 18 years old
- A judge thinks you’ve turned your life around
- It’s been 5 years since your case closed or since your last probation contact
Who Can’t Seal Their Juvenile Records
The court won’t seal your records if:
- You were found guilty of a serious crime listed in Welfare and Institutions Code section 707(b) when you were 14 or older
- You were convicted as an adult for a crime involving “moral turpitude,” like certain sex crimes, murder, drug offenses, forgery, or violent crimes
- Your record includes an adult conviction in criminal court
Who Can Access Sealed Records
Car insurance companies can check your Department of Motor Vehicles records.
The court can review your records if:
- They need to figure out if you qualify for extended foster care benefits after turning 18 (but only if you apply for those benefits)
- You’re a witness or involved in a defamation case
- Prosecutors and others can look at your record to see if you can join a deferred entry of judgment program. If you want to access your sealed records, you can ask the court to unseal them
How to Seal Your Juvenile Record in California
Below is the process of sealing your juvenile record:
Fill Out the Right Form
First, you must complete a form called “Request to Seal Juvenile Records.” If your probation department gives you a different form, use that one instead.
Take the Form to Your Probation Department
Once you’ve completed the “Request to Seal Juvenile Records” form, head to the probation department where your juvenile record is stored. For instance, if your record is in Orange County, take it to the Orange County probation department. Some counties might ask you to bring this form to the local court, so check that out and go there if needed.
The Probation Department Submits Your Form to the Court
The probation department will send your form to the local county court. They also need to provide a list of people who might have records of your case and a list of any previous interactions with law enforcement or probation. The probation department has 90 days to submit your form to the local county court. If you have juvenile records in more than one county, this timeframe extends to 180 days.
Making a Decision
The last step in the process is making a decision. Before the court makes a decision, it reviews your request. Sometimes, the judge makes a quick decision. Other times, the judge holds a hearing. You’ll get a notice in the mail if there's a hearing.
Sometimes, a hearing is “unopposed,” which means you don’t have to attend, and there’s no penalty for skipping it. If that’s not the case, you’ll need to be there. You’ll find out if you can seal your juvenile record at the hearing.
Find Record Sealing Attorney Near Me
At Desert Defense Lawyers, we’ve helped many people seal their arrest records quickly. That includes cases for both adults and juveniles. If you need help with record sealing across the Palm Desert area, contact us anytime at 888-293-0396.
