Sealing Your Criminal Record in California
WHEN DO I NEED A SEALING OF MY RECORD?
Sealing is for a crime you were charged with, but not convicted of
If your goal is to clean up your criminal record, the process you need depends on what happened in your case. You need a sealing if you were arrested for a crime, and charged in court, but not convicted. If you were charged as a juvenile, never charged with the crime, or you were convicted of the crime, then you will need a different process. Please review this article to understand what process you need.
Examples of situations where a sealing would apply are:
DO I QUALIFY FOR A SEALING OF MY RECORD?
What requirements must be met to request a sealing?
You must be excluded from being charged with that crime again, meaning:
the statute of limitations on the crime must be expired; or
your case was dismissed with prejudice (meaning it cannot be brought again); or
Your criminal record does not exhibit a pattern of domestic violence
you may be inelligible if you have multiple arrests or convictions for a domestic violence offense within a short period of time.
New law on sealing your record : SB 731
In July of 2023, California enacted “The Clean Slate Act” under Senate Bill 731. Under this bill, many people with records would be eligible for automatic sealing of their record. In regards to cases that require sealing, this bill dictates the following:
misdemeanor arrests should be sealed after 1 year if you have no new arrests
felony arrests should be sealed after 3 years if you have no new arrests
dismissed cases should be sealed immediately
you are not eligible for automatic sealing if you were convicted of a serious or violent felony, or sexual offense
If you do not fall under the requirements for an automatic sealing, then you will need to petition the court for a sealing of your record, and this is best done with the help of an attorney who understands the process.
Here is something important to be aware of - While this law is great for all the people who qualify under it, like any law, it takes time for the government to actually enact it. As of 2023, there are counties in California have not yet figured out how these automatic sealings will be handled and who will be handling them. Therefore, it may take some time for you to get your automatic sealing. If you qualify, you can wait for this to be sorted out to get your sealing at no cost to you. However, if you urgently need your sealing, or your criminal record is holding you back, you may need to hire an attorney to have it taken care of in an expedited manner.
HOW DO I GET MY RECORD SEALED?
If you do not get your record sealed automatically, you will need to petition the court
An attorney can help you request a sealing of your record if you were not entitled to one automatically. The District Attorney can oppose the sealing of your record, which would require argument on your behalf. An attorney can file the petition for you, and also argue your side to the court.
What will the court consider?
The court will be able to consider existing records in your case, and what lead to the dismissal, for example whether you successfully completed requirements to earn the dismissal. They will also consider rehabilitation, so staying out of trouble will help your argument. We can also present the hardship that the existence of the record has caused you, for example, difficulty in finding work, getting promoted, furthering your education, or finding housing.
WHAT IS THE EFFECT OF A SEALING?
Will my records by destroyed?
If your sealing is granted, the court will inform and direct all involved agencies and officials to seal or destroy the records attached to your case; that includes court records, law enforcement records, and probation records. Those required to seal the records must inform the court of their compliance with doing so. Therefore, it will no longer be public record and only available to government agencies in limited circumstances.
This can help people who are:
applying for a job or promotion
applying for housing
want to meet the DMV’s licensing requirements
applying for a school, education program, or professional license
Will anyone still be able to see my record?
The sealing should remove the record from showing up on most background checks. However, some government agencies will still be able to access your records even once sealed. Those include:
the Court
the District Attorney’s office
the DMV
the Department of Justice (particularly when applying to purchase a firearm)
What if I am asked if I have ever been arrested or charged?
The effect of a sealing also means that if asked: “have you ever been arrested?” or “have you ever been charged with or convicted of a crime?” (for example in a job interview), you can legally answer “no”. This is the reason many people want their records sealed.
Does the sealing automatically make me eligible to purchase firearms?
Prohibitions on firearms do not automatically reinstate, if you are looking to reinstate your right to possess a firearm and have prior convictions, contact us and we can tell you what options are available to you based on your background and goals.
Does the sealing automatically terminate my registration requirement?
If you were required to register under PC 290 , and the only thing that requires you to register was the conviction that is now sealed, then that sealing can have the effect of terminating the requirement to register. Be sure that this applies to your situation and that the order to seal was received by the department where you register before you stop registering to avoid any issues.
