What Is the Difference Between Expungement and Sealing Records in California?

Your dream job opens up. You have all the qualifications and are an ace at all the required skills. You’ve built up years of experience in this field. This is the job for you!

On the application, there is a box that says, “Check here if you have ever been arrested.” You freeze. How should you answer this question?

If your arrest occurred in California, the state offers relief in the form of either expungement or sealing of your arrest records.

What Type of Records Can Be Sealed in California?

If you have the option, having your record sealed is preferable. Sealing your record, however, is only available in two specific situations:

• The arrest you want to be sealed did not result in a conviction; or,
• The arrest occurred while you were a juvenile under 18 years old.

For adult arrests, there are two avenues in California for sealing your record. The first method (PC § 851.91) is simpler to attain but does not provide the second method’s broad relief.

To have records sealed under PC § 851.91, you must show:

• You were arrested;
• In California;
• The arrest did not result in any convictions; and,
• You can no longer have charges filed for this arrest because:
• The statute of limitations has passed; or,
• Charges were filed but dismissed.

Under the second method for relief (PC § 851.8), you must show:

• You were arrested;
• In California;
• Within the prior two years (though this can be waived by request); and,
• That you were factually innocent of the crime.

Sealing your records under PC § 851.8 ensures that the entire case record is destroyed three years after the arrest. In contrast, sealings under PC § 851.91 simply prohibit the court or law enforcement from disclosing your arrest to any private entity. Your case record will not be destroyed but will be updated to show as sealed.

What Type of Records can be Expunged in California?

As opposed to sealing, an expungement is the only relief offered once you are convicted of a crime in California. An expungement in California functions more like a dismissal than the destruction of criminal records.

To obtain an expungement, you must:

• Complete your sentence, including any probation;
• Not be serving a sentence or facing charges for any other crimes;
• Petition the court to dismiss your conviction; and,
• Pay any court costs.

Obtaining a legal expungement will update your case record to say “dismissed” instead of “convicted.”

What Can I Say on a Job Application or Background Check?

If you had your record sealed under PC § 851.8, it is as if the arrest never occurred. Even your fingerprint records are destroyed. If your record was sealed through PC § 851.91, you can proceed as if the arrest did not happen for almost all private-sector background checks.

However, the law obligates you to disclose your sealed arrest if you are applying for:

• Public office;
• A law enforcement job;
• A state or local agency licensure; or,
• A contract with the California State Lottery Commission,

If you received an expungement after being convicted in California, your records would not show on a background check, except in rare circumstances where the background check requires fingerprinting. A skilled criminal defense attorney in Riverside, CA, can guide you through the record sealing or expungement process.

If you are interested in sealing or expunging your criminal records, the Chambers Law Firm can help. Reach out today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our team.