How long do arrests stay on your record?

Arrests can remain on your record forever unless you get the record expunged or sealed. Records of arrests and prosecutions (rap sheets) are maintained by the United States Department of Justice as well as state and local law enforcement agencies. These records do not automatically get purged at various intervals.

Note, however, that the rules are different when it comes to arrests and background checks. Most states have laws that prohibit background checks from revealing records of arrests/convictions that occurred more than seven years from the date of the check.

What is an expungement/sealing of records?

Criminal laws in the United States allow for certain types of criminal records (for instance, records of an arrest and/or conviction) to be expunged or sealed by a criminal court.

An expungement or sealing of records works to remove arrest and/or conviction records from your criminal background. Once removed, the arrest or conviction is treated like it never occurred.

For example, once you get a record of an arrest/conviction removed, you never have to disclose to employers that it ever took place.

Note that expungement and/or sealing is not interpreted as a forgiveness of an arrest or conviction.¹ Further, neither act is considered a pardon.²

States differ

Every state and jurisdiction has its own laws regarding:

• who is eligible to file for an expungement and/or sealing of a record,
• which offenses can be expunged and sealed, and
• the particular procedures that are required for an expungement or the sealing of an arrest record.³

Also, state laws vary depending on what happens once an arrest/conviction record gets sealed or expunged.  Some states say that a record gets destroyed. Other states say that while a record gets removed from the public eye, it can still be accessed by law enforcement.⁴

Are there limitations on the removal of an arrest/conviction record?

While expungements and the sealing of records are beneficial, there are limitations as to both.

For instance, expungements and court sealings apply to specific charges and arrests within specific courts. They do not apply to social media or matters of the press.

Consider, for example, if you get arrested for DUI but are ultimately found innocent of the crime. In such a case, it may be that the arrest was posted in a local newspaper or made it onto a given website. So even if you get a seal – and the arrest is removed from law enforcement and court records – it may remain in publicly accessible media such as news records and websites.

What is the law in California?

Under California law, an expungement is a form of post-conviction relief authorized by Penal Code 1203.4 PC. It releases you from “all penalties and disabilities” arising out of a conviction.⁵

As a basic rule, the statute authorizes an expungement for a misdemeanor or felony offense provided you:

• successfully completed probation (either felony probation or misdemeanor probation), and
• are not currently charged with a criminal offense, on probation for a criminal offense, or serving a sentence for a criminal offense.⁶

If you are applying for PC 1203.4 relief, you must have successfully completed probation in its entirety (or obtained an early termination of probation).

Un-expungeable crimes

Note that there are certain felony offenses that can never be expunged. These include serious sex offenses committed against children, such as:

• Penal Code 286 PC, California’s law against sodomy with a child,
• Penal Code 288 PC, California’s lewd acts with a child law, and
• Penal Code 287 PC, California’s law against oral copulation with a child.

Record sealing

Note that under California law, the sealing and destroying of arrest records (per Senate Bill 383) is a totally different process from expunging records of criminal convictions under PC 1203.4.

You are entitled to have a California arrest record sealed and destroyed if:

• you were arrested, but the prosecutor never filed criminal charges, or
• the case was dismissed in court, or
• you were acquitted by a jury following a jury trial, or
• the conviction was overturned and dismissed on appeal, or
• you successfully completed a program of diversion, such as Prop 36 drug diversion or Penal Code 1000 deferred entry of judgment.⁷

Sealing an arrest record generally allows you to state that you have never been arrested for a crime. This is because in order to seal a record the judge must declare you factually innocent.

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Legal References