Arrest records in California can have a lasting impact on individuals’ lives, affecting everything from job prospects to housing opportunities. Given the significance of these records, it’s crucial to understand how they work, who can access them, and what rights you have regarding sealing or destroying them.
This blog addresses the top five questions surrounding arrest records in California, providing clear insights to help individuals navigate their concerns. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Accessing Your Arrest Records
Arrest records, considered public records in California, are accessible through the law enforcement agency responsible for the arrest or the court handling the criminal case. Whether you’re the arrestee seeking insights into your record or an employer conducting a background check, understanding the procedure to access these records is the first step. Typically, a small fee is required, and you may need to provide identifying information or case details. For convenience, some entities may offer online access through their official websites.
Who Can Access Your Arrest Records?
While primarily sought by the individual arrested, arrest records are also accessible to employers and third-party background check companies. Employers use these checks to gather information about a candidate’s criminal history among other personal details. However, California law restricts access to certain information, ensuring that arrests not leading to conviction, among other specified criteria, remain confidential and do not unfairly impact an individual’s employment opportunities.
Agencies Maintaining Arrest Records
The primary keepers of arrest records are the arresting agencies, such as police departments and sheriff’s offices, and the courts with jurisdiction over the criminal cases. Additionally, the California Department of Justice maintains comprehensive records, including arrests, detentions, and case dispositions, provided they receive this information from law enforcement or court systems.
Addressing Arrests Without Conviction
For those arrested but not convicted, California law offers a path to clear your name by sealing and destroying arrest records. This provision aims to mitigate the long-term consequences of an arrest that did not result in conviction, ensuring such records do not appear in most background checks and related arrest documentation is deleted. Understanding the eligibility criteria and process for sealing these records is essential for taking advantage of this right.
The Process to Seal and Destroy Arrest Records
Sealing an arrest record requires filing a petition once it’s clear that prosecution is no longer possible. This process is detailed in California Penal Code Section 851.87 PC, outlining specific eligibility criteria and the necessary steps to petition for sealing and destruction of records. Not everyone is eligible, especially if there’s potential for future charges related to the arrest, the arrest involved non-statute-limited crimes like murder, or if evasion of law enforcement was a factor.
Chambers Law Firm recognizes the profound impact an arrest record can have on an individual’s life and is committed to providing expert legal assistance in managing these records. Whether you’re seeking to access, understand, or clear your arrest record, our team is ready to offer the guidance and representation you need.
For more information on your rights and options regarding California arrest records, or to start the process of sealing and destroying an arrest record, contact Chambers Law Firm at 714-760-4088. Our experienced legal team is dedicated to helping you navigate the complexities of the legal system, ensuring your past does not define your future.
