Many people who are arrested may not realize that there is relief granted under California law that allows them to clean up their arrest records. The most common relief involves sealing your arrest record or having a detention certificate issued by law enforcement. There are limitations under both forms of relief, including that in order to seal your arrest record the arrest must have occurred on or after January 1, 2018.
At Ridley Defense, we can help you decide which form of relief is appropriate based on the circumstances of your case. In many cases, a Certificate of Detention may be the fastest way to achieve your goals.
The difference between an arrest and a detention is important because you do not have to disclose detentions, but in many cases, you must disclose an arrest.
If you were arrested and released, but no charges were subsequently filed, then your arrest was actually only a detention. If your arrest was a detention, then the law enforcement agency that detained and released you must issue a Certificate of Detention, which deletes the record of the arrest (Penal Code Section 849.5).
A Certificate of Detention (Penal Code Section 851.6) may be the best and fastest remedy to “clean up” your arrest record. If you have received a Certificate of Detention or were released without charges, contact our firm to discuss your situation and find out what legal options are available to you.
A motion to seal an arrest record is accomplished through a petition filed with the court (Penal Code Section 851.91.) You may be eligible for relief if:
If any of the following circumstances apply to you, you might not be eligible to seal your arrest record:
An arrest record can be sealed in the interest of justice. For certain offenses, such as domestic violence, an arrest record cannot be sealed unless it is considered to be in the interest of justice.
In determining whether the interests of justice would be served by sealing an arrest record, the court may consider:
Your arrest record is not sealed automatically, and can only be done through a petition filed with the court. If you were convicted of a crime and it was not vacated or reversed, contact our office to discuss whether you would be eligible for an expungement.
California law provides several forms of relief for people looking to clean up their arrest records. Sealing your arrest record or having your arrest deemed a detention may help you secure gainful employment, housing, and a professional license.
If you have been arrested and are seeking to have your record sealed, contact our office today. Our attorneys can help you understand your legal options, including requesting a Certificate of Detention or filing a petition with the court to seal your arrest record. Contact our office at (805) 208-1866 to discuss how to clean up your criminal record.