California Now Allows Sealing of Arrest Records

Starting in January of 2018, California law is allowing those who have been arrested on criminal charges (but never convicted) to seal their arrest records. Until now, this process was not allowed. Individuals wrongly arrested had to live with the stigma of an arrest without remedy.

Under Penal Code Section 851.91, “(a) A person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed.” For the purpose of this section, an arrest did not result in a conviction if any of the following apply: (A) The statute of limitations has run, (B) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred:

(i) No conviction occurred, the charge has been dismissed, and the charge may not be refiled.

(ii) No conviction occurred, and the arrestee has been acquitted of the charges.

(iii) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.

Have you or someone you know has suffered an arrest that did not result in a conviction? Contact The Law Offices of Ross Green for a free consultation on whether you qualify to have your record sealed. Certain restrictions do apply, and The Law Offices of Ross Green can help you determine whether you qualify.

Aggressive Criminal Defense – Former Prosecutor Now on Your Side. Servicing Redwood City, San Mateo, San Francisco, Palo Alto and the Greater Bay Area. The Law Offices of Ross Green can be reached at 650-780-0707 or via the internet at rossgreenlaw.com. The firm is located at 600 Allerton Suite, Suite 202G, Redwood City, CA 94063.