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.

Now, Penal Code 851.91 PC allows individuals to revisit their past and seal their arrest record, provided there are specific circumstances that permit this action. One of the key prerequisites is that the Statute of limitations must 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 runs, 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 a powerful step towards reclaiming your life and moving forward.

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 have the chance to avail yourself of it. It's a testament to the progressive nature of our legal system and the opportunities it provides for individuals to move past their past mistakes.

Now, there are exceptions. You'll need to sit down with an attorney to finalize this. 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 is why, every time someone would call me and say, "I want to seal my record," I'd say, "It'd 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 once had a jury verdict in which my client was found not guilty. We attempted to seal and destroy the arrest record, but the judge denied our request. 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 significant stigma that follows them throughout 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 expunge their arrest record?

I've had these arguments in court with judges for many years now, arguing that the point of dismissal pursuant to an expungement or Penal Code Section 1203.4 is moot if the arrest record remains, as it allows anyone to see that the person was arrested for a particular crime.

If you have a situation where you want to expunge your arrest record to achieve 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 can do that wherever your record is located in California. This represents a significant shift in criminal defense. It's not easy to achieve these victories in criminal defense, and I think this is wonderful for individuals who have a clean record, except for a minor blemish resulting from an arrest where the case was ultimately dismissed, and the Statute of Limitations for that case has expired.