The Ridley Defense Guide to Record Sealing

Information on Sealing Your Record in California

It is not only a criminal conviction that can hurt your reputation and your ability to obtain gainful employment. Your arrest record can directly affect many aspects of your life. Sealing your record can help improve your chances of getting a new job, new housing, or a professional license. The best way to ensure your record is successfully sealed is by retaining legal counsel.

At Ridley Defense, our legal team can help you seal your arrest record. We have decades of combined experience representing individuals in criminal matters and will work tirelessly to help you achieve a positive outcome in your case. If you were arrested but never convicted of a crime, contact our office for a complimentary consultation. 

What Is Record Sealing?

Under certain circumstances, a person arrested but never convicted of a crime may request that a court seal their arrest records. Once sealed, the arrest record will no longer be available to the public. However, it is essential to note that some law enforcement and government agencies will still be able to access your arrest record even after it is sealed. 

Record sealing can be highly beneficial to someone who is seeking new employment or applying for housing. A background check might reveal arrests even if there was no subsequent conviction of a crime. Senate Bill 393 made it easier for individuals to seal their arrest records in California. 

To properly seal an arrest record, you need an experienced criminal defense attorney. Without the help of an attorney, it may be more challenging to obtain an order from the court.

Who Is Eligible for Record Sealing?

Prior to the passage of Senate Bill 393, a person had to prove that they were factually innocent of a crime. Under Penal Code Section 851.8, a person could petition for their record to be sealed and destroyed upon a finding of factual innocence. It was not done as a matter of right. 

Senate Bill 393 amended the California Penal Code to allow individuals to petition the court to seal their arrest records without having to prove factual innocence.

A person may seek to have their record sealed if they:

• Were arrested, but no charges were filed;
• Were arrested and charged, but the charges were dismissed;
• Were acquitted of the charges;
• Were convicted, but the conviction was subsequently reversed or vacated on appeal;
• Completed a diversion program resulting in a dismissal of the charges; or
• Completed a deferred entry of judgment program, and the charges were dismissed.

Today, a petition to seal an arrest may be granted by a court “as a matter of right” or if the court finds that it would serve the interests of justice. In most cases, as long as the arrest did not result in a conviction and the charges cannot be refiled, an arrest record may be eligible to be sealed. An attorney can help ensure that the appropriate legal documents are correctly filed with the court and that the matter is heard timely.

Can I Seal an Arrest I Was Convicted For?

If you have been arrested and convicted of a crime, the form of relief that you may be seeking is an expungement. An expungement is different from a petition to seal an arrest record. It is important to discuss your case with a lawyer to determine your legal options. 

Why Seal Your Record?

Sealing your arrest record can have several advantages. Now more than ever, companies are relying on background checks to determine whether a person is the right tenant, employee, or college student. Having an arrest on your record could disqualify you from certain positions or prevent you from obtaining a lease.

Sealing your record may help if you are seeking:

• New employment
• New living arrangements
• To join a volunteer organization
• A professional license
• To apply to a college or university

Once an arrest record is sealed, it is no longer accessible by most agencies or individuals. However, a sealed arrest record is still available to the criminal justice agencies.

Who Is Not Eligible for a Record Seal?

A court will not grant a petition to seal an arrest record under limited circumstances.

A person is not eligible for this relief if:

• They can still be charged with an offense on which the arrest was based;
• The arrest was for murder or another offense that does not have a statute of limitations (unless they have been acquitted or found factually innocent); or
• They intentionally evaded law enforcement. 

Furthermore, a court will not grant a petition to seal a record as a matter of right if the arrest was for domestic violence, child abuse, or elder abuse and the person’s record indicates a pattern of that form of abuse. 

Contacting a Criminal Defense Attorney

If you were arrested but never convicted of a crime, contact our office for a complimentary consultation. The Ridley Defense team may be able to help you get your arrest record sealed. Get experience you can trust with a former Ventura County Deputy District Attorney and community leader. Call now to get started.