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Sealing Arrest Records
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Sealing Arrest Records
Having an arrest record can make life real tough, even if you were never convicted of a crime. Employers often won’t hire someone with an arrest record, landlords may not rent to you, and romantic partners may get scared off. It can feel super unfair to be punished for something you didn’t even do. But in California, there’s a way to seal your arrest record so most people can’t see it anymore.
Sealing your record basically means the arrest info gets locked away from the public. Your booking photo, fingerprints, the police report, and the court records all get hidden. It’s like your arrest never happened! Well, at least in the eyes of most folks.
How Do I Get My Arrest Record Sealed?
There’s a few steps to seal your arrest record in California:
- File a petition in the county where you got arrested
- Serve the petition to the prosecutor’s office and the arresting agency
- Go to a court hearing so the judge can decide whether or not to seal the record
The whole process can take a few months to wrap up. You’ll probably want to hire a lawyer to help you out, ’cause there’s some complicated legal issues involved. We’ll break it all down here so you understand the basics.
Filing the Petition
To get the ball rolling, you gotta file a petition in the superior court of the county where your arrest happened. The forms you need are CR-409 and CR-410. Your petition should lay out all the details about your arrest and explain why you deserve to have your record sealed.
There’s a few situations where you can ask to seal an arrest:
- The charges got dismissed
- You were acquitted after a trial
- The DA declined to file charges
- You finished a diversion program
As long as you weren’t convicted, you’ve probably got a solid case to make. But it comes down to convincing the judge.
Serving the Petition
After filing your petition with the court, you’ve gotta deliver copies to the DA’s office that prosecuted your case, plus the law enforcement agency who arrested you. This is called “service of process.” Your lawyer will take care of this part for you.
The DA and the arresting agency both have a chance to file a response and oppose your petition if they want to. So serving them gives them a heads up.
The Court Hearing
Your petition will get scheduled for a hearing in front of a judge. This is your big chance to explain why your arrest record should be sealed. Bring any evidence or witnesses that can help your case.
The judge will look at factors like:
- How you’ve been affected by the arrest
- If you have a criminal history
- Your character
- How much time passed since the arrest
If the judge agrees to grant your petition, they’ll issue a court order to seal up your arrest record. Then you get to celebrate your fresh start!
What Gets Sealed?
Once your record is sealed, most of the arrest info gets locked away. Here’s some examples of what gets sealed:
- Booking photo
- Fingerprints
- Police reports
- Court records
- Your criminal history or “rap sheet” listing
Sealing your record basically deletes it from public view. Most employers, landlords, or regular people won’t be able to see you got arrested anymore.
What Doesn’t Get Sealed?
While sealing your arrest record deletes it for most purposes, some folks can still access it:
- Law enforcement agencies like the police or FBI
- DA offices
- Court staff
- State licensing agencies
- Schools, colleges, and universities
- Cities, counties, and the state government
So government agencies and certain jobs still get to peek at your sealed record. You’d have to disclose the arrest when applying to be a cop, teacher, government employee, or anything where they do an extra thorough background check.
Should I Get My Record Sealed?
Getting an arrest record sealed can be life-changing. It takes away a huge barrier to jobs, housing, loans, and just feeling free from stigma. A sealed record lets you put the past behind you.
But it’s not automatic – you gotta be proactive and petition the court. Talk to a lawyer to explore your options. And don’t lose hope! Lots of folks are able to get their records sealed and move forward with their lives.
With some help, you could get a fresh start too. Don’t let an unfair arrest keep holding you back. You deserve a clean slate!
Jane Doe is a criminal defense lawyer in Los Angeles. She helps clients seal and expunge criminal records so they can get back on track with their lives and careers. When she’s not in court, Jane enjoys hiking, reading, and spoiling her cats.