Having practiced for many years, I've seen a common issue-once you're arrested, the chance to seal that record is rare. Even if law enforcement doesn't file a case or later dismisses it due to lack of evidence, the arrest record remains. This is a significant issue as it can affect your reputation, even if it's not a conviction.
So, anytime someone wanted to look you up and search you, they would find that you had been arrested. Obviously, nobody wants anything on their record, even if it's not a conviction — even if it shows as a dismissal.
So now, Penal Code 851.91 PC allows people to go back in time to seal that arrest record, and there are a number of different circumstances that permit you to do it. One of the big prerequisites to it is that the Statute of Limitations has to run on the case. In other words, they're not going to let you do it if the prosecutors can still file the case. That wouldn't be fair to seal an arrest record, and the next thing you know, the prosecutors get evidence, and they end up filing the case.
So, the bottom line is, once the Statute of Limitations on the case is run, if you've been arrested for a crime and you have an arrest record, then you can avail yourself of this Penal Code section, which allows you to seal your record. This means you can live your life without the shadow of past mistakes. If somebody runs you in the DOJ, they won't be able to find that arrest record, giving you a sense of freedom and relief.
It's truly remarkable and a privilege that law enforcement and the Governor of California have permitted this to happen. This is a rare opportunity that many would wish for, and you are fortunate to be able to avail yourself of it.
Now, there are exceptions. You're going to have to sit down with an attorney if you want to get this done. Tell the attorney your situation. I would just go to the court and get what's called a “minute order,” and that will basically show any record that you have, and then you can bring that to the attorney and talk about it.
However, there are exceptions. If you have a history of multiple arrests over many years, you may not be eligible for this Penal Code Section. It's important to be aware of these limitations when considering the process of sealing your record.
This is starting to get very close to the juvenile records, which every time someone would call me and say, "I want to seal my record," I'd say, "It would have to be a juvenile record." You can't seal an adult record. You'd have to be found factually innocent, which is a very tough standard—almost impossible to meet.
I had a jury verdict one time, and my client was found not guilty. We tried to seal and destroy the arrest record, but the judge denied it. That's how harsh the factually innocent standard was.
Benefits of Sealing Records
This is a huge benefit to people who have had a criminal record, and the Governor of California has done this because people can't get jobs. This is a huge stigma that follows them around for their entire lives. If they've cleaned themselves up, haven't picked up any new cases, and we know that the case was dismissed, why shouldn't they be able to get rid of the arrest record?
I've had these arguments in court with judges for many years now, saying what's the point of the dismissal pursuant to an expungement or Penal Code Section 1203.4 if you're going to leave that arrest record in there and anybody can see the person was arrested for a particular crime.
If you have a situation where you want to get rid of that arrest record so you have a completely clean record, don't lose hope. Give me a call. We'll sit down and look at your minute order, see what you have on there, see if you meet the requirements of Penal Code Section 851.91, and do everything we can to seal your criminal record in Los Angeles. There is a way, and we are here to help you find it.
We are able to do that wherever your record is in California. So, this is a great change in criminal defense. It's not easy to get these victories in criminal defense, and I think this is wonderful for people who have a clean record other than a blemish because of an arrest where a case was ultimately dismissed, and the Statute of Limitations for that case has gone away.