If you have ever been arrested for a crime but no charges were ever filed against you, or the charges were later dismissed, or you went to trial and were acquitted, the arrest may still show up on your background check unless you take initiative to remove it. Your reputation is one of the most important things after your freedom. Ibraham Dbouk can assist you with sealing your arrest record so you never have to relive one of your worst moments.
The first method for sealing an arrest record utilizes Penal Code § 851.8, which is an older law, and it requires that we prove factual innocence. Factual innocence can be a very hard thing to prove, and requires that the Judge agree that in retrospect, given the totality of evidence, that you should not have been arrested. Furthermore, Penal Code § 851.8 prescribes a two year time limit for filing the arrest record sealing request with the Court, from the date of the arrest. If the arrest is older than two years, we can request a time waiver, but this can be difficult to do. However, relief under Penal Code § 851.8 is more far reaching than under PC 851.91 (described below), as it permanently seals and destroys the arrest record, meaning that it will be completely removed from all public databases, and will essentially cease to exist. Thus, arrest record sealing under Penal Code § 851.8 is much more difficult, than the more modern method.
The second method for sealing an arrest record utilizes a newer law that became effective on January 1, 2018. Here are the general requirements that must be satisfied to qualify under Penal Code § 851.91 to have your arrest record sealed in California:
- You must have been arrested in California.
- Your arrest must not have resulted in any convictions.
- Charges can no longer be filed by the prosecuting attorney, meaning the statute of limitations has passed (1 year for a misdemeanor arrest, and 3 years for a felony arrest), or charges were filed and later dismissed.
Sealing an arrest pursuant to Penal Code § 851.91 does not relieve you from the obligation to disclose the arrest, if otherwise required by law, in response to any direct question contained in an application for:
- Public office
- Employment as a Peace Officer
- Licensure by any state or local agency
- Contracting with the California State Lottery Commission
Thus, you can legally and honestly state you have never been arrested in any other situation not listed above. Meaning you can answer “NO” on nearly all employment, landlord, and lender applications if asked if you have ever been arrested.
Expunging a conviction
If you have been convicted of a misdemeanor or felony and have completed your term of probation, the conviction will remain on your record until you take the initiative to remove the conviction from your record. Ibraham Dbouk has helped several clients restore their reputation and enhance their employment prospects by filing what is called a Penal Code § 1203.4 motion.
An expungement under California Penal Code § 1203.4 allows you to withdraw a plea of guilty or no contest, to reenter a plea of not guilty, and to have the case dismissed. When the court grants it, an expungement releases you from many of the negative consequences of a criminal conviction.
Expungement is available to you if you were convicted of either a misdemeanor or a felony and:
- you have successfully completed probation for the offense, and
- You either:
- Did not serve time in state prison for the criminal case, or
- Served time in state prison but would have served it in the county jail had the crime been committed after implementation of “Realignment” under Proposition 47.
Under Penal Code § 1203.4, an expungement releases you from virtually “all penalties and disabilities” arising out of the conviction. One particular benefit is that an expunged conviction does not need to be disclosed to potential employers on job applications.
