Record sealing hides or conceals charges, arrests, and convictions from your permanent criminal record, making them inaccessible to the public. After sealing the records, all proceedings in your record are treated as if they never happened. With your sealed Bakersfield criminal record, you can enjoy reinstated privileges and rights like the right to serve on a jury, hold office, vote, and deny criminal records on employment opportunities. The dedicated team at California Criminal Lawyer Group has extensive experience. It is a complicated procedure with several hurdles, but we can determine your eligibility and guide you throughout the process.

Defining Criminal Record Sealing

A guilty verdict is not the conclusion of your criminal case. A California conviction can have severe and life-altering repercussions. Alongside having immediate effects like fines and incarceration, the conviction stays on your record, negatively impacting various aspects of your life. Fortunately, a conviction does not mean your life’s end, and you can seal your criminal record.

Record sealing means an arrest record no longer appears on your background checks. The things sealed include the following:

  • Fingerprints.
  • Police reports.
  • Booking photographs.
  • Arrest entries.

The California law on record sealing started as Senate Bill 398, which became law in October 2017. The Consumer Arrest Equity Act (CARE ACT) is codified in PC 851.87.

Criminal Record Sealing Eligibility

PC 851.87 provides the entitlement to seal your arrest record, provided the arrest never resulted in a guilty verdict. The law does not deem an arrest a conviction if the following factors apply:

  • There were no charges, and the statute of limitations on the crime has elapsed. It does not matter whether it is a misdemeanor, felony, or infraction charge.
  • The prosecutor filed the charges that were eventually dismissed and cannot be refiled.
  • The accused was found guilty, but their conviction was reversed or vacated after filing an appeal, and the prosecutor cannot refile the charges.
  • The case was dismissed when a defendant completed a pre-sentence program like a drug diversion.

Since July 2022, California has been sealing California misdemeanor records committed by individuals who have not committed another crime for a year. California today also automatically seals many felony criminal records of individuals who have refrained from breaking the law for four years.

Nevertheless, the automatic sealing of records does not apply to persons convicted of violent and serious felonies. These individuals must still petition the court to seal their records. In addition, sex offenders are not allowed to seal their records.

Who is ineligible for Criminal Record Sealing?

Not all defendants are eligible for criminal record sealing.

You are ineligible to have a record sealed when the following applies:

  • You evaded arrest efforts by committing identity theft and were later prosecuted for PC 530.5 (identity theft).
  • The arrest was related to murder or any other crime where the statute of limitations (SOL) does not apply. (Unless you were not found guilty of the crime or acquitted.).
  • You can still be prosecuted for the underlying offense.
  • The prosecutor did not charge you with an offense because you intentionally avoided law enforcement agency efforts to apprehend you. A perfect example is fleeing the jurisdiction.

Why You Should Consider Sealing Your Criminal Record

Criminal arrest records are found in a public database, and anyone conducting a background check can access them.

However, once you seal your record under PC 851.87, the public will no longer see your arrest records, police reports, fingerprints, court records, and booking photos. The legal process has several benefits, including the following:

You Can Obtain a Professional State License

California residents pursue studies and obtain professional licenses from different state boards and agencies. State boards and agencies will be willing to grant you a license when your record is clean.

Applying and Getting Hired For a Job

Most prospective employers perform background searches to know your criminal record, making it challenging to secure employment after an arrest or conviction. After sealing your record, you can lawfully claim that you do not have a previous arrest or conviction.

Your skilled lawyer should help seal your records, guaranteeing a better life.

You can Apply, Be Admitted into, and enroll in Institutions of Learning

Many schools and institutions of higher learning perform background checks before granting you admission. With a clean record, your personal information is confidential, enabling you to enroll in learning institutions easily.

Gaining Access to Various Organizations

Some organizations do not need you to hold a state license. Therefore, they perform thorough background checks on those applying for work. With your record sealed, your criminal history is concealed, and you will have no difficulty finding a corporate placement.

Regain Your Mental Peace

A criminal arrest resulting in a conviction can cause you a lot of stress. Filing a petition to seal your records sooner rather than later can help avoid emotional turmoil, especially if you are in a sensitive situation.

Sealing your record also provides a clean start and allows you to focus on building a fulfilling future.

Instances When You Can Legally Use Your Sealed Record

While sealing a record destroys it for many purposes, it will not completely stop its existence in government agencies. A sealed arrest can still be unsealed if a petitioner is prosecuted for another offense.

In addition, a criminal justice authority can, in its normal functions, access and reveal your arrest record to another criminal justice agency as though it was unsealed.

Sealing does not provide the petitioner relief from the following:

  • Prohibition of holding a public office due to the arrest.
  • Any existing obligation to have their name in the sex offender registry.
  • Prohibition of possessing or purchasing a gun.
  • The duty to divulge the arrest records as mandated by law when responding to questions while applying for:
    • Employment as a law enforcer.
    • A contract from the California State Lottery Commission.
    • A license issued by any local or state agency.
    • Public office.

Few agencies can use a sealed record against you. These are the California justice system, law enforcement agencies, the Department of Motor Vehicles (DMV), and the courts. Due to their access to your criminal records, the sealed record can still be used in your prosecution when you are arrested.

Sealing applies only to specific arrests being challenged. It does not completely erase a person’s criminal record. Consequently, you should submit a different petition for every arrest that did not lead to a conviction.

How SB-731/California's Clean Slate Law

California’s Clean Slate Law automatically clears conviction and arrest records from a person’s criminal history under specific conditions or after meeting waiting periods.

Here are the different waiting periods when your criminal record qualifies for automatic relief:

  • A misdemeanor arrest where the prosecutor did not file charges — One year following your arrest.
  • Misdemeanor charges that were dismissed— Immediately after the case dismissal.
  • A misdemeanor conviction where the judge granted probation — After completing probation.
  • A felony arrest where the prosecution did not file any charges — Three years following your arrest.
  • A felony conviction where the court granted probation (excluding sex crime and serious and violent felonies) — After completing probation.
  • A felony conviction where you did not serve probation — Four years after your criminal case closes.

The act relieves a person from filing a motion to seal their record. It allows for automatic relief from convictions for felony crimes whereby you served time, significantly increasing your housing and employment prospects.

Remember that the court can delay your automatic record relief proceedings if you are charged with a new criminal case. If your criminal record does not qualify for automatic relief, you can still get relief by petitioning.

Automatic relief will not restore your gun rights.

Understanding a Pattern of Abuse or Domestic Violence

You cannot legally seal your arrest records of arrest as a matter of your right if the arrest record displays a pattern of:

  • Child abuse.
  • Domestic violence.
  • Elder abuse.

Senate Bill 393 and PC 851.91 define a pattern as more than two convictions or five arrests in three years.

Nonetheless, these defendants are still allowed to file a petition, arguing that acting so would serve the interests of justice. When determining whether sealing a criminal record would serve the interests of justice, the judge considers the following factors:

  • Evidence of the arrest.
  • Declarations of the petitioner’s exemplary character.
  • Difficulties the petitioner has faced due to the arrest.
  • The petitioner’s conviction records.

Sealing Your Arrest as a Matter of Right

Under PC 851.8, a detained defendant had to establish that they were factually innocent.

However, Senate Bill 393 shifted the burden of proof to the prosecution to demonstrate that the defendant does not qualify for record sealing.

All defendants are automatically eligible for record sealing as a matter of right. The key is that their arrest did lead to a conviction, and there are no exceptions.

An Overview of the Criminal Record Sealing Process

Initially, defendants had two years from their arrest or criminal charge filing to seal their criminal record. PC 852.87 does not have a timeframe for filing a petition.

However, you should file your petition when the prosecution cannot bring or refile any criminal charges. Your competent defense attorney should assist you in determining the right time to petition for post-conviction relief.

The process involves the following:

  • Petition Filing

To seal your record, you must bring a petition to the court where you were charged and the arresting law enforcement authority. If the prosecution team did not file any charges, you should bring your petition to the county or city where your arrest happened.

You must include the following in your petition:

  • Your birth date and name.
  • The county or city in which your arrest happened.
  • The law enforcement authority that arrested you.
  • Location, time, and date you were arrested.
  • All information about the offense that resulted in your arrest.
  • Statements proving you can seal a record.

While filing a record-sealing request, you should present all the personal information the prosecutor needs. You should file the petition 15 days before your court hearing.

  • Serve Your Petition

Next, you should serve copies of the petition to all the parties involved. They can include:

  1. The arresting police.
  2. The city or county prosecutor where the arrest happened.

Otherwise, you risk the judge denying your request.

  • Court Hearing

Both the prosecution and the court will review the petition. The court can schedule a court hearing upon the prosecution’s request or grant your petition.

Typically, a hearing must be conducted when you have a history of criminal arrests, domestic violence, child abuse, or elder abuse.

Your legal defense will present evidence to the court to defend your case. Your post-conviction lawyer should thoroughly research the case and ensure you file your paperwork promptly, accurately, and correctly. 

The judge can grant or dismiss your request following the hearing proceedings. You cannot bring a petition if your petition is denied with contempt.

How Long Should the Process Take?

The waiting period depends on whether your petition is challenged. If it is unchallenged, sealing your record can be approved within 90 days of filing the request. The court should then inform the parties of your intent to seal your criminal records.

However, the petition can take longer if:

  1. You fail to file the request properly, or
  2. The prosecutor requests to conduct an investigation.

After the judge grants the petition, the court will notify the following parties involved within thirty days:

  1. The law enforcers who made your arrest.
  2. The Department of Justice (DOJ).
  3. The law enforcement agency that administered the master criminal history records.

Next, the court will update your court records and master criminal history record to indicate the court has sealed your arrest. The responsible law enforcement authority should ensure all related criminal records are sealed and can only be accessible to law enforcement authorities and you. You are now clean and entitled to live freely in the public eye. 

The Consequences of a Person Disclosing Your Sealed Record

The district attorney (D.A.) will review an instance where anyone discloses your sealed record. Upon completing the investigations, the individual who divulged your personal information will be arrested and face the consequences of their actions. Depending on the number of records they disclosed, the individual can face a fine of between $500 and $2500 for every violation.

Filing a lawsuit is also an option that can work in your best interest. You could file a lawsuit against the individual who disclosed your sealed records for compensation. The court can also award you punitive damages if the individual acted recklessly or intentionally. Hiring an attorney can help you obtain a satisfactory amount.

Sealing Your Juvenile Criminal Records

Sealing your juvenile record is not always easy, but the state does not intend for you to live with your criminal record haunting you. Sealing your records per Welfare and Institutions Code 781 WIC closes your files, making the records unavailable in the public database.

The process aims to relieve you of the discrimination of a former juvenile lawbreaker. So, after a seal of your juvenile criminal records, you can say that you have no criminal past if ever asked:

  • Whether you have ever been arrested.
  • If you have sealed criminal records.
  • If you have a criminal history.

Your juvenile record consists of all arrest reports and court documents about the law(s) you violated while under 18, including:

  • Arrests records.
  • Judge’s discovery and rulings.
  • Evidence.
  • Probation reports.

The law does not consider the juvenile court process criminal. You do not have a conviction on your criminal record if you were convicted and rendered a ward of the juvenile court. Therefore, you could legally answer no if you even asked whether you had a previous conviction before sealing your record.

Being declared a ward means the court controls and cares for a minor. A minor is removed from their parent’s physical custody if:

  • The parents cannot offer maintenance, education, and training, or
  • The minor has been on probation before but failed to reform.

Some of the pros of sealing your juvenile criminal records include the following:

  • State licensing authorities, school officials, employers, landlords, and lenders cannot judge you or inquire about the sealed juvenile criminal record.
  • You do not have to register as a sex offender based on your juvenile conviction.
  • Your juvenile errors will no longer haunt you, giving you a clean start and satisfaction.

You qualify for post-conviction relief if all the statements below are correct:

  • You are at least eighteen, or the California juvenile court jurisdiction terminated five years ago.
  • You have never been sentenced for a felony as an adult or a California misdemeanor involving moral turpitude.
  • The court thinks you have been rehabilitated.
  • There are no civil proceedings originating from your juvenile criminal activity.

A person is also eligible for record-sealing per PC 851.7 if, while a juvenile, they were arrested for a misdemeanor and:

  • They were released due to insufficient proof.
  • Their criminal charges were dismissed.
  • Their charges were acquitted.

In this case, the juvenile offender can file their petition anytime.

The court could not grant your petition if you were found guilty of a WIC 707(b) crime after turning 14. Some WIC 707(b) crimes include robbery, murder, carjacking, torture, arson, sex, and firearm crimes.

Contrary to common misperceptions, juvenile records are not sealed automatically at 18. You must bring a petition to the county where your juvenile proceeding occurred. Typically, the process takes up to ten months.

After filing your petition, the judge will schedule a court hearing where they will review the petition and evidence. Next, they will determine whether to deny or grant your petition.

If your petition is denied, you can retry later.

Once the judge grants the petition, they will send copies of your court order to every agency with access to or possession of your juvenile criminal records, requiring them to seal and destroy them.

Your defense attorney should guide you and ensure you have filed the petition timely and correctly. Hiring a lawyer also ensures the court grants the petition the first time.

Deferred Entry of Judgement

If, as a ward, the court granted you a drug diversion under PC 1000 and you completed it, then your juvenile criminal record should be dismissed automatically.

After completing the program, check with the court to ensure it has sealed the criminal record.

How Record Sealing Differs from Expungement

Both sealing of criminal records and expungement offer defendants fresh starts. The post-conviction relief options are instrumental for education, job applications, affordable housing opportunities, and background checks.

A sealed criminal record makes it look like the actual crime never occurred to the public. However, some law enforcement and government agencies can unseal the arrest record with a court order and view any criminal records.

On the other hand, expunging a criminal record means the court has deleted it from public and private records. The court that grants the petition directs public offices holding case records to destroy them.

Under California PC 1203.4, expungement involves withdrawing a guilty or no-contest plea, re-entering a not-guilty plea, and dismissing the criminal case. An expungement releases you from all penalties and disabilities for felony and misdemeanor convictions.

It is crucial to compare the advantages and disadvantages of sealed and expunged records. Some factors to consider when deciding include the following:

  • The cost of every option.
  • The process.
  • If you require (and can afford) a post-conviction lawyer.
  • The timeframe needed to complete the legal process.

Find a Qualified Post Conviction Attorney Near Me

A criminal record can negatively affect every aspect of your life, including housing, employment, and family life. If you have a criminal record, you must constantly explain your past to potential lenders, employers, landlords, and anyone who conducts a background check. Sealing a criminal record gives you a fresh start. However, the process is drawn out and complicated. At California Criminal Lawyer Group, we recognize that good people make mistakes and can guide you through the legal process.

Please contact us at 661-750-8230 to learn more about how record sealing works in Bakersfield and how we can assist you in enjoying more opportunities following your arrest or conviction.