Criminal Background Checks and Sealing Arrest Record
Every single time you are arrested in California, there is a permanent criminal record of the arrest that can be viewed by employers, landlords, banks, schools or anyone else running a criminal background check on you. The police and the government will always be able to see this information as well.
The police have too much power over your life.
Essentially, they can falsely arrest you and accuse you of a crime, and that act alone can ruin your chances of success in the future, even if the charges were dropped or never filed, the case was dismissed, or you were ultimately found not guilty. This means that countless people are rejected by employers, landlords, banks and schools because of an error by the police. Don’t let this happen to you!
“Factual Innocence” is Out for Sealing your Arrest Record
Previously, in order to seal your arrest record, you would need to prove that you were “factually innocent” of the crime you were accused of committing. To prove you are factually innocent of a criminal offense, you would have to show that there is no reasonable cause for the police to believe that you committed a crime. This is actually quite difficult.
Thanks to the CARE Act, “Factual Innocence” is no longer necessary in order to seal your arrest record.
CARE Act (Senate Bill 393)
The Consumer Arrest Record Equity (C.A.R.E.) Act was signed into law by Governor Brown in October of 2017. Senate Bill 393 establishes an easier, uniform process for individuals to petition the court to seal their arrest records.
Situations in which an arrest does not result in a conviction include the following:
- You are arrested, but the District Attorney does not file charges;
- You are arrested, and the District Attorney files charges, but your case is ultimately dismissed; or
- You are arrested, and the District Attorney files charges, but the jury returns a verdict of “not guilty”.
The new law entitles you to have your arrest record sealed as a matter of right, citing that sealing your record would best serve the interests of justice. Since there are numerous benefits to having your record sealed, it’s worth looking into by contacting a qualified criminal defense attorney to see if this fits your needs.
If your request to have your record sealed is granted, the court will issue a written ruling and make an order the arrest is deemed not to have even occurred. Furthermore, the law will require that criminal records be updated at both local and state levels so that credit reporting agencies and the California Department of Justice do not disseminate sealed arrest information.
Once your criminal arrest record is sealed and destroyed, you will be able to truthfully say that you have never been arrested.
Most importantly, the law prohibits anyone from disclosing that the arrest occurred, or any details about the arrest to any person or entity. And then, you can continue on with your life unhindered.
We’re Here to Help
If you or a loved one needs to have their arrest record sealed (PC 851.8 or PC 851.91), or a conviction expunged in the Southern California area, we invite you to contact us immediately for a free case review.
Our experienced and assiduous attorneys will be sure to fight until the end to achieve the desired results.
Need a Criminal Defense Attorney? CALL NOW: 310-274-6529
Seppi Esfandi is an Expert Criminal Defense Attorney who has over 22 years of practice defending a variety of criminal cases.
