How to Seal & Destroy Arrest Records in California

If you were arrested for a crime but never convicted, California law allows you to get your arrest records sealed and destroyed as a matter of right. Sealing a record means that it will not show up on most criminal background checks.

“Arrest records” include such documents as:

• police reports,
• fingerprints,
• booking photos, and
• rap sheet entries.

A criminal defense attorney can handle the entire arrest records sealing process for you.

The current law as to sealing originated as California Senate Bill 393, which then-Governor Jerry Brown signed into law on October 11, 2017. Called the Consumer Arrest Record Equity Act (CARE Act), SB 393 is now codified in Penal Code 851.87 PC  and allows you to have your record of the arrest sealed “as a matter of right” when:

• No criminal charges were ever filed,
• Criminal charges were filed but later dismissed,
• You were found “not guilty” (acquitted) in a jury trial,
• Your conviction was vacated or overturned on appeal, or
• You successfully completed a pretrial diversion or pre-sentencing program, such as Penal Code 1000 deferred entry of judgment. ¹

An exception to sealing an arrest record “as a matter of right” is when you have a history of arrests and/or convictions for:

• Domestic violence,
• Child abuse, and/or
• Elder abuse.

As of July 1, 2023 with the passage of Senate Bill 731 – The Clean Slate Act, most people’s arrest and conviction records will get automatically cleared from their criminal record through a process called “automatic relief“:

• Misdemeanor arrests should be sealed after 1 year if there are no charges, and felony arrests should be sealed after 3 years if there are no charges.
• Cases that get dismissed should be cleared immediately.
• Convictions of cases where you are granted probation should be cleared once the case closes.
• Otherwise, misdemeanors convictions will be cleared 1 year after the case ends, while felony convictions will be cleared 4 years after the case ends. (This does not apply to serious, violent, or sex offender felonies.)

To help you better understand the process for sealing criminal records in California, our criminal defense lawyers discuss the following:

• 1. Benefits of Sealing
• 2. Clean Slate Law
• 3. Eligibility
• 4. Sealing “As a Matter of Right”
• 5. Ineligibility
• 6. Domestic Abuse Cases
• 7. When can sealed records be seen?
• 8. Sealing Process
• 9. How long does it take?
• 10. What if my sealed record is released?
• 11. Juvenile Records
• Additional Resources

1. Benefits of Sealing

Criminal records are public records. This means that anyone can access your criminal history.

Prospective employers, apartment owners, state licensing agencies, insurance companies — even potential dating partners — can run a background check and see your criminal history. They may not care whether an arrest was justified or resulted in a conviction.

California’s “ban the box” law (codified in AB 1008) prohibits employers from considering your arrests that did not result in a conviction. However, employers may deny you employment because of your arrest records without ever stating this.

Once your arrest record is sealed under 851.87 PC, members of the public will no longer be able to see it. Your arrest record, police investigative reports, photos, fingerprints and court records will be inaccessible except for limited use by the state of California or criminal justice agencies. In short, a record seal gives you a fresh start.

2. Clean Slate Law

In full effect as of July 1, 2023, California’s Clean Slate Law (SB 731) automatically clears most arrest and conviction records from your criminal history after certain conditions or waiting periods are met.

Your California Criminal Record	When Your Record Is Eligible for Automatic Relief (in most cases)
Misdemeanor arrest with no charges brought	1 year after the arrest
Misdemeanor charge which gets dismissed	Immediately after the dismissal
Misdemeanor conviction where you are granted probation	Immediately after probation is done
Misdemeanor conviction where you are not granted probation	1 year after case closes
Felony arrest with no charges brought	3 years after the arrest
Felony charge which gets dismissed	Immediately after the dismissal
Felony conviction where you are granted probation (not including serious, violent, or sex offender crimes)	Immediately after probation is done
Felony conviction where you are not granted probation (not including serious, violent, or sex offender crimes)	4 years after case closes

The Clean Slate Act takes the burden off you to file a motion to seal or expunge your record. Plus for the first time, it allows for automatic relief of felony convictions where you may have been incarcerated – thereby greatly increasing the employment and housing prospects for countless people.²

Note that the automatic record relief process may get delayed if you pick up new criminal cases in the interim. Plus if your criminal record is never eligible for automatic relief, you still may be able to get relief by filing a petition to seal or expunge.

Also note that automatic relief does not restore firearm rights.

3. Eligibility

Penal Code 851.87 PC gives you the right to have your arrest record sealed as long as your arrest did not result in a conviction. For purposes of 851.87 PC, your arrest did not result in a conviction if any of the following apply:

• No charges were filed, and the statute of limitations on each possible felony, misdemeanor, or infraction charge has expired;³
• Charges were filed, but they were later dismissed and cannot be refiled (for example, as the result of a Penal Code 995 PC motion);⁴
• Charges were filed, but you were acquitted (found “not guilty”) at trial;
• You were convicted, but the conviction was vacated or reversed on appeal, and the charge(s) may not be refiled; or
• Charges were dismissed after you successfully completed a pretrial or pre-sentencing program, such as drug diversion.⁵

As mentioned in the prior section, California now automatically seals your misdemeanor records if you stayed out of trouble for one year. California also automatically seals most felony records if you stayed out of trouble for four years.

However, this automatic record sealing process excludes you if you were convicted of serious or violent felonies. In this case, you would still need to formally petition for a record seal. Plus, you generally cannot get a record seal if you are a sex offender.⁶

See our related article on how to expunge a conviction under California Penal Code 1203.4 PC. Expunging is a more difficult process since you already pleaded guilty or “no contest” to, or have been convicted of, a crime.

4. Sealing “As a Matter of Right”

Under the old law (Penal Code 851.8 PC), you had the burden of proving that you were “factually innocent” in order to get your arrest records sealed.

Penal Code 851.87 PC shifts the burden of proof to the prosecutor to prove that you are not entitled to seal your record — for instance, due to a pattern of domestic violence or because charges can still be filed.

You are almost always entitled to have your arrest records sealed “as a matter of right” as long as your arrest did not result in a conviction and no exceptions apply.

5. Ineligibility

You are not eligible to have your arrest record sealed if any of the following apply:

• You may still be charged with any of the offenses upon which your arrest was based;⁷
• The arrest was for murder or another crime for which there is no statute of limitations (unless you were acquitted or found factually innocent of the charge);⁸
• You were not charged because you intentionally evaded law enforcement efforts to prosecute the arrest, such as by absconding from the jurisdiction;⁹
• You evaded efforts to prosecute your arrest by engaging in identity fraud and were subsequently charged with a crime for that act of identity fraud.¹⁰

6. Domestic Abuse Cases

You are not entitled to seal your California arrest “as a matter of right” if your criminal record shows a “pattern” of:

• Domestic violence,
• Child abuse, or
• Elder abuse.

Under SB 393 and California Penal Code 851.91 PC, a “pattern” is two or more convictions, or five or more arrests, within a three-year period.¹¹

However, if you fall into this category, you can still petition to have your records sealed on the grounds that doing so would “serve the interests of justice.” (You must submit a separate petition for each arrest on your record that did not result in a conviction.)

In determining whether the interests of justice would be served by sealing your arrest, the judge may consider any relevant factors, including (but not limited to):

• Hardship to you caused by your arrest;
• Declarations or evidence regarding your good character;
• Declarations or evidence regarding your arrest; and/or
• Your record of convictions.

7. When can sealed records be seen?

Although sealing a record effectively destroys it for most purposes, it does not entirely cease to exist.

Your sealed arrest may be pleaded and proved if you are subsequently prosecuted for any other offense.¹²

Additionally, a criminal justice agency may, in the regular course of its duties, access and disclose your arrest to other law enforcement agencies to the same extent as if it had not been sealed.¹³

Sealing also does not relieve you from:

• Any existing duty to register as a sex offender pursuant to California Penal Code 290 PC;
• Any lawful prohibition against holding public office that may result from your arrest;¹⁴
• Any prohibition against owning or possessing a firearm or susceptibility to a conviction for violating California’s “felon with a firearm” law;¹⁵ or
• The obligation to disclose your arrest as otherwise required by law in response to a direct question on an application for:
  • Public office,
  • Employment as a peace officer,
  • Licensing by any state or local agency, or
  • A contract with the California State Lottery Commission.¹⁶

8. Sealing Process

As discussed above, most misdemeanor arrest records are automatically sealed if a year goes by without the filing of charges. For felony arrests, the waiting period is three years.

If you are charged but your case gets dismissed, the sealing of your record should also be automatic. Furthermore, the record seal process is automatic in California for most

• misdemeanor convictions if you stayed out of trouble for one year and
• non-serious and non-violent felony convictions if you stayed out of trouble for four years.¹⁷

Otherwise, the process to seal arrest records is as follows:

Filing the Petition with the Court

Your petition to seal an arrest record in California must be filed either:

• In the superior court in which charges based on your arrest were filed or,
• If charges were not filed, in the city or county in which your arrest occurred.

The petition must then be lawfully served on both:

• The prosecuting attorney of the city or county in which your arrest occurred, and
• The law enforcement agency that made your arrest.¹⁸

Penal Code 851.91 PC requires the following information to be provided with your petition to seal your arrest record:

• Your name and date of birth.
• The date of your arrest.
• The city and county where your arrest took place.
• The name of the law enforcement agency that made your arrest.
• Any other information identifying your arrest, such as a case or court number.
• The alleged offenses upon which your arrest was based or charges were filed.
• A statement that you are entitled to have your arrest sealed either “as a matter of right” or in the interests of justice, as applicable.
• If your petition is based on the interests of justice, a statement of how those interests would be served by granting your petition and declarations in support.¹⁹

The Hearing

If the District Attorney contests your petition, the court will schedule a hearing.

The county in which you live will determine whether you must personally appear in court for the proceedings or whether your criminal defense attorney can appear on your behalf.

At the hearing the judge will examine your arrest record and, if necessary, evidence of why sealing is in the interests of justice.

Because the judge has so much discretion in deciding whether to grant or deny your motion to seal and destroy your California arrest records — and because the judge can deny your motion with prejudice so that you may not refile your request — it is critical to hire a skilled California criminal defense attorney.

A responsible attorney will thoroughly research your court case and make sure all paperwork is done correctly the first time to ensure that no time is lost due to incomplete or inadequate forms. They will also conduct the 851.87 PC hearing and argue your case to the judge.

9. How long does it take?

If your criminal record is eligible for an automatic seal pursuant to the Clean Slate Act, your record should be cleared within a month. Otherwise, it typically takes about 90 days after filing a petition to get a court order to seal an arrest record in California.

Within 30 days of the court’s issuance of the order to seal your arrest record, the court will notify:

• The law enforcement agency or agencies that made or participated in your arrest,
• The law enforcement agency that administers the master criminal history records, and
• The California Department of Justice.

Your master criminal record and court record will then be updated to note that your arrest has been sealed. Your file will be stamped that your record may not be released outside the criminal justice sector.

The responsible local law enforcement agency will ensure that this information is included in all master copies, digital or otherwise, of the police investigative report related to your sealed arrest.

Arrest records, police officer investigative reports, and court records that are sealed under this section shall not be disclosed to any person or entity except:

• You or
• A criminal justice agency (which may use your record to the same extent as if your arrest had not been sealed).²⁰

10. What if my sealed record is released?

Improper dissemination of your sealed arrest carries a civil penalty of $500 to $2,500 per violation. The penalty may be enforced by a city attorney, district attorney, or the Attorney General.

You may also have the right to bring a lawsuit for compensatory damages or possibly even punitive damages (if the release was reckless or intentional).

Our California personal injury lawyers offer free consultations if you suffered damages as a result of your arrest record being unlawfully released.

11. Juvenile Records

Sealing and destroying an adult arrest record under 851.87 PC is a completely different process from sealing a juvenile record. You are eligible to seal your California juvenile criminal record if:

• You are currently an adult, or the jurisdiction of the juvenile court terminated at least five years ago, and
• As an adult, you have not been convicted of any crimes involving moral turpitude (that is, crimes that involve dishonesty or immoral behavior), and
• There is no pending civil litigation based on the juvenile incident.²¹

Additional Resources

For ways to search your own records, refer to these helpful sites:

• California Attorney General: Public Records – Information about the Public Records Act.
• California Attorney General: Fingerprint Background Checks – Information about California’s statewide criminal record repository .
• FBI Identity History Summary Checks – The FBI provides identity history summary checks/background checks. You can learn about requesting them here.
• BackgroundChecks.org – A consumer reporting agency with articles/resources on disputing inaccurate background check information.
• California Courts – Access to electronic case records.

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