Law expands eligibility for sealing arrest records
Each year, thousands of people across California are arrested for crimes that they did not commit. While some of these people are ultimately convicted of these crimes and sentenced to jail, others are released without being convicted — yet they still have an arrest record on their criminal history. This can make it harder to find a job or housing, even though California law specifically forbids employers from asking about arrests that did not result in a conviction.
California law has given people in this situation the opportunity to have their arrest record sealed if they could prove to the judge that they were factually innocent of the crime. This could be difficult to impossible in many situations, particularly if no one else had been convicted of the crime. However, Governor Jerry Brown recently signed a new law that will make it easier for anyone arrested but not convicted of a crime to have their arrest record sealed.
Under California Penal Code 851.87, a person has the right as a matter of law to have their arrest seal if an arrest is deemed to have not resulted in a conviction. This is the case if:
- No criminal charges had been filed;
- Criminal charges had been filed but were dismissed;
- The defendant was found not guilty at trial by a jury;
- The defendant was convicted at trial, but that conviction was overturned or vacated on appeal; or
- The defendant successfully completed a pretrial diversion or pre-sentencing program.
In contrast to the previous law, the sealing of arrest records under Penal Code 851.87 is now automatic. A person no longer has to prove that he or she is factually innocent. This law went into effect on October 11, 2017.
However, there are some exceptions to this law. There is no automatic right to seal an arrest record in certain situations. This is true if a person’s criminal history shows a pattern of domestic violence, child abuse or elder abuse. Nevertheless, a person can still have his or her arrest record sealed in these cases if he or she can demonstrate that it would be in the interests of justice to do so.
Importantly, if you have been convicted of a crime, you will not be eligible to have that record sealed. There might be options to have that record expunged under California law instead. A skilled Orange County criminal defense lawyer can advise you of your eligibility for various alternatives based on the specific facts of your case.
If you have been charged with a crime in California, you will need the help of an experienced Orange County criminal defense lawyer. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to speak to someone today.
