Anyone with a criminal record in California seeking a complete deletion of the record must apply for the sealing process in the California court system. Sealing is only possible under certain conditions for certain types of offenses, such as when an individual has a record of an arrest that did not lead to any accusatory filings or formal charges.
To learn more about record sealing and deletion in Southern California, contact the experienced defense lawyer in San Diego at the Law Office of George H. Ramos, Jr. today at (619) 231-1830.
Sealing Arrest Records in San Diego Under Penal Code § 851.91
California Penal Code § 851.91, enacted through Senate Bill 393, allows individuals to petition the court to seal arrest records when the arrest did not result in a conviction. An arrest is considered not to have resulted in a conviction if:
- The statute of limitations has expired without charges being filed;
- Charges were filed but later dismissed;
- The individual was acquitted; or
- A conviction was vacated or reversed on appeal and cannot be refiled.
For most eligible arrests, sealing is granted as a matter of right, without the need to prove factual innocence. However, suppose the arrest involved certain serious offenses (such as domestic violence, child abuse, or elder abuse). In that case, the court may require proof that sealing serves the interests of justice, considering factors such as hardship and evidence of good character.
If granted, the court will issue an order sealing the arrest record, which is then considered not to have occurred, removing it from most criminal background checks, with limited exceptions.
Higher Standard Under Penal Code § 851.8
California Penal Code § 851.8 offers an alternative, but more burdensome process for sealing and destroying arrest records. This route is suitable when there is a conviction, but it requires proof of factual innocence, meaning one must show that there is no reasonable cause to believe you committed the crime. In short, § 851.8 is a method to sealing records and may be used when § 851.91 does not apply.
Under § 851.8, the Petitioner carries the initial burden of presenting evidence of innocence. If successful, the burden shifts to the opposing party to show reasonable cause for the arrest. A successful petition for sealing and deletion means the arrest record disappears from the public record. All documents and evidence related to the arrest qualify for destruction and removal from the public record. They will no longer appear in background checks. Essentially, a successful deletion means that in the eyes of the court, the arrest never occurred.
Exceptions and Limitations in a San Diego Record Sealing Case
Both § 851.91 and § 851.8 have exceptions. You may be ineligible if:
- You can still be charged with the offense;
- The arrest involved murder or another offense with no statute of limitations (unless acquitted or found factually innocent);
- You evaded law enforcement through identity fraud;
- You have a pending civil action against law enforcement related to the arrest (under § 851.8).
New laws regarding the automatic sealing of arrests and the dismissal of convictions explicitly state that the relief provided does not change a person’s ability to own or possess a firearm if the original arrest or conviction-imposed restrictions on that right. However, there may be other options available to help restore your firearm rights.
Contact our Record Sealing Attorneys in San Diego Today
California’s law § 851.91 aims to relieve the long-term effects of arrests that did not lead to convictions. By removing the requirement to prove factual innocence in most cases, this law makes it easier for people to access relief. It also helps individuals rehabilitate and reintegrate into society.
If you need guidance on which process applies to your case or assistance in preparing a petition, contact the Law Office of George H. Ramos, Jr. Our San Diego record sealing attorney can help navigate the requirements and improve your chances of success at (619) 231-1830.