Sealing Arrest Records in California

Many people know that an arrest record can follow you long after a case is over.

Even if you were never convicted, an arrest may still appear in background checks and create problems with:

– Jobs
– Security clearance
– Housing
– Professional licensing
– School admissions
– Reputation

At Knight Law, we help people in California petition to seal their prior arrest and related records so they can move forward with fewer restriction and less embarrassment and stigma.

A dismissed case, a not-guilty verdict, or a decision by the District Attorney’s Office should not keep hurting you years later.

Call Knight Law at (408) 877-6177 to discuss whether you qualify for record sealing.

Why Sealing an Arrest Record Is Important

Many people assume that if their case was dismissed or never filed, there is no record or the record will go away. In many cases, it does not.

Arrest-related records can remain visible in public-facing records and background checks unless they are sealed or otherwise cleared. California law allows people with an arrest that did not result in a conviction to request the court to seal the arrest and related records. However, some government agencies (for example, if you apply to become a police officer) can still access sealed records in limited situations.

When an arrest record is sealed, it can help:
– reduce public visibility of the arrest
– improve employment and housing opportunities
– protect your reputation
– give you a cleaner path forward

This is especially important for professionals, students, and anyone whose future depends on background checks.

Who May Qualify to Seal an Arrest Record in California?

California law provides several possible ways for sealing arrest-related records, depending on what happened in your case.

Under Penal Code section 851.91, a person who suffered an arrest that did not result in a conviction may petition to have the arrest and related records sealed. This law covers situations such as:
– no charges filed (and charges can no longer be filed) by the District Attorney
– charges filed but dismissed and cannot be re-filed in the future (e.g. misdemeanors)
– acquittal after trial
– a conviction that was reversed or vacated on appeal and cannot be refiled

California Courts also notes related pathways for diversion-based cases, including:
– PC section 851.87 (certain prefiling diversion programs run by prosecutors)
– PC section 1001.9 (dismissal after diversion)
– PC section 851.90 (dismissal after drug diversion)

Important Eligibility Limits and Exceptions

Not every arrest qualifies for sealing.

For example, under PC section 851.91, a person may be ineligible if:
– charges can still be filed. For example, this may occur in situations where the prosecutor dismissed your felony case because the evidence was not sufficient. If the prosecutor receives new evidence and the statute of limitations has not run, the prosecutor can re-file your case.
– the case involves certain offenses with no statute of limitations (subject to exceptions)
– there is evidence of intentional evasion of prosecution

There are also special interests-of-justice rules for some cases involving patterns of domestic violence, child abuse, or elder abuse. In those situations, the court may require a stronger showing and can consider hardship, character evidence, and other factors.

This is where a lawyer can make a real difference.

Is Sealing Automatic?

Sometimes – but not always.

Some arrests may already be automatically sealed by the California Department of Justice under PC section 851.93, depending on the circumstances. But many people still need to file a court petition, and there may be benefits to confirming or obtaining a court order.

At Knight Law, we help determine:
– whether your record may already be sealed
– whether you need a court petition
– which legal path applies to your case

The Record-Sealing Process

What Knight Law Does for You

Record sealing is not always a simple form filing. The process depends on the case history, the court, and whether the prosecution objects.

At Knight Law, we handle the process from start to finish, including:

1) Case Review and Eligibility Analysis

We review your arrest date, charges (if any), disposition, and court history to identify the best legal route for relief.

2) Petition Preparation

We prepare the required court paperwork and supporting declarations, including any interests-of-justice showing if needed.

3) Service and Notice

California law requires notice to the prosecutor and arresting agency in many petitions. We handle service and filing deadlines.

4) Hearing Advocacy (If Required)

If the court sets a hearing or the prosecution objects, we appear in court and argue why sealing should be granted.

5) Next-Step Guidance

If the court grants relief, we advise you on what the order means, what remains disclosable in limited contexts, and what to do next.

What Sealing Does – and What It Does Not Do

If a court grants relief, California law generally provides that the arrest is sealed and the petitioner may answer accordingly in many settings. But there are important exceptions. For example, the law still requires disclosure in some circumstances, including certain public office, peace officer, and licensing applications. Law enforcement and criminal justice agencies may also still access sealed records in limited contexts.

We make sure clients understand both the benefit and the limits of the relief.

Why Clients Hire Knight Law for Record Sealing

At Knight Law, we approach these cases with the same attention and strategy we bring to other serious criminal defense matters.

We focus on practical outcomes.
This is not just a paperwork issue – it affects your life, career, and opportunities.

We know how to build a persuasive record.
In interests-of-justice cases, the quality of the petition and supporting evidence matters.

We give clear, realistic advice.
If you qualify, we’ll tell you the best path. If there are issues or risks, we’ll tell you that too.

Preguntas más frecuentes

If I was arrested but never charged, can I still seal the record?

Often, yes – but timing and eligibility matter. In many situations, relief may be available once the statute of limitations has run and no charges were filed.

I completed diversion. Do I still need to do something?

Possibly. The correct sealing process depends on the type of diversion and how the case was handled. California Courts identifies different statutes depending on whether it was prefiling diversion, post-filing diversion, or drug diversion.

Will the police still see the record?

In many cases, yes. Sealing mainly protects against public access and many background checks, but criminal justice agencies may still access sealed records.

Do I need a lawyer?

We recommend you get a lawyer. You can try to file on your own in some cases, but a lawyer can help identify the right statute, prepare supporting declarations the right way, calendar the case, avoid delays and argue contested petitions.

Talk to Knight Law About Sealing Your Arrest Record

You should not have to keep paying for an arrest that did not end in a conviction.

If you want to clear up your record and protect your future, Knight Law can help you evaluate your options and pursue the right relief. Schedule your confidential case evaluation with Knight Law. Contact Nana Knight or call (408) 877-6177 today to speak with our San Jose criminal defense lawyer today.