An arrest that never led to a conviction can still create problems years later. Court records, police records, booking information, and commercial background reports may continue to connect a person to an accusation even when charges were never filed, the case was dismissed, or the person was acquitted. California law provides several ways to limit the disclosure of those records, but the rules are not as simple as asking the court to “erase” a criminal history.
This criminal record sealing guide explains when an arrest record may be sealed in California, what a sealing order actually does, how automatic record relief differs from a court-ordered sealing, and why factual innocence is a separate remedy with a different standard.
For people arrested in Los Angeles County, records may exist with the LAPD, Los Angeles County Sheriff’s Department, another local police agency, the District Attorney or City Attorney, the Superior Court, the California Department of Justice, and private background-check companies. A meaningful record-sealing strategy begins by determining which records exist, how the case ended, and which form of relief applies.
Record Sealing Is Not the Same as Expungement
People often use “expungement” and “record sealing” interchangeably, but California law treats them differently.
Arrest-record sealing generally concerns an arrest that did not result in a conviction. Penal Code section 851.91 allows an eligible person to petition the court to seal an arrest and related records. When relief is granted, the arrest is generally deemed not to have occurred, subject to important statutory exceptions.
A conviction presents a different problem. Relief under Penal Code section 1203.4, commonly called an expungement, generally involves withdrawing a plea or setting aside a verdict and dismissing the case after the statutory requirements have been met. It does not turn the conviction into an arrest that never occurred, and the conviction can remain relevant in a number of legal settings.
California also provides automatic record relief for qualifying arrests and convictions. This relief can substantially restrict dissemination of a record without requiring the person to file a petition. But “automatic” does not necessarily mean that every copy of the record disappears or that the underlying information is physically destroyed.
That distinction matters. Someone whose case was dismissed may qualify for arrest-record sealing even though there was never a conviction to expunge. Someone who was convicted may need an entirely different form of relief. Filing the wrong petition can waste time and fail to solve the actual problem.
When an Arrest Record May Be Sealed
Penal Code section 851.91 applies to arrests that did not result in a conviction and meet the statute’s eligibility requirements.
Typical situations include cases in which charges were filed and later dismissed without a conviction, cases that ended in acquittal, and some arrests in which prosecutors never filed charges. The precise timing can matter, particularly when no charges were filed and the applicable statute of limitations has not yet expired.
The fact that a person was arrested does not by itself prevent sealing. The purpose of section 851.91 is to provide relief in qualifying cases where the arrest ultimately did not produce a conviction.
In many eligible cases, sealing is available as a matter of right. Certain cases involving patterns of domestic violence, child abuse, or elder abuse are treated differently and may require the petitioner to demonstrate that sealing would serve the interests of justice.
The procedural history therefore matters. A case that was rejected for filing, dismissed at arraignment, dismissed after a preliminary hearing, dismissed following litigation, or resolved by an acquittal may all end without a conviction, but the documents needed to establish eligibility may differ.
Before filing, counsel should confirm the arrest date, arresting agency, police report number, court case number if one exists, charges or suspected offenses, filing history, and final disposition. An inaccurate assumption about how the case ended can result in a petition seeking relief the person does not actually qualify to receive.
What Happens When the Court Seals an Arrest
A sealing order does considerably more than simply place a notation on a court docket.
When a qualifying arrest is sealed under section 851.91, section 851.92 governs how the court and law-enforcement records are handled. Court records and police investigative records relating to the sealed arrest are restricted from ordinary disclosure. Criminal justice agencies retain access and may continue to use the information for authorized criminal-justice purposes.
For the person whose record was sealed, however, the practical effect can be significant. The arrest is generally deemed not to have occurred, and the person may generally answer questions concerning the arrest accordingly, subject to statutory exceptions.
Those exceptions should not be overlooked. A sealed arrest can still be available to criminal justice agencies and can still have significance in a later criminal prosecution. California law also preserves certain disclosure requirements involving matters such as applications for public office, peace-officer employment, state or local licensing, and contracting with the California State Lottery Commission.
A sealing order also does not create or restore firearm rights that the person would not otherwise possess. Nor should someone assume that sealing automatically resolves immigration, professional licensing, or other consequences governed by separate state or federal law.
The important point is that sealing is powerful relief, but it is not literal historical erasure. The records remain available in limited settings even though they are removed from ordinary public dissemination.
Automatic Arrest-Record Relief
California now provides automatic relief for many qualifying arrest records under Penal Code section 851.93. That process operates differently from a petition filed under section 851.91.
The Department of Justice periodically reviews criminal-history data and identifies records that qualify for automatic relief. When relief is granted, the state criminal-history record receives a notation indicating that relief has been granted, and dissemination of the record is restricted as provided by law.
However, automatic relief should not be confused with the court-ordered sealing process under sections 851.91 and 851.92. The California Department of Justice explains that automatic relief does not physically delete an arrest from the state summary criminal-history record. Instead, the record remains with a notation of relief, which affects when and to whom the information may be disclosed.
For that reason, a person should not simply assume that an old arrest has disappeared because California has expanded automatic record relief. It may be worthwhile to obtain a current California criminal-history record and determine exactly how the arrest is reported.
There may also be circumstances in which pursuing a court order provides additional benefits even though some automatic relief has already been granted. The correct approach depends on what the record shows and what problem the person is trying to solve.
This is particularly important when an arrest continues appearing on a commercial background report, court index, or other source even though the person believes it should already have received relief.
Record Sealing and Factual Innocence Are Different Remedies
A petition under Penal Code section 851.8 for a finding of factual innocence is different from ordinary arrest-record sealing.
Section 851.91 generally focuses on whether the arrest ended without a conviction and whether the statutory requirements for sealing are satisfied. It does not ordinarily require the person to prove that law enforcement had no reasonable basis to suspect that the person committed the offense.
Factual innocence requires substantially more. A petitioner seeking relief under section 851.8 must establish the statutory basis for a finding that there was no reasonable cause to believe the person committed the offense for which the arrest was made.
That can make the evidence from the underlying case critical. Police reports, body-camera footage, surveillance video, forensic evidence, witness statements, photographs, phone records, and other evidence may become important when factual innocence is actually disputed.
A dismissal alone does not establish factual innocence. Charges can be dismissed for many reasons, including insufficient admissible evidence, unavailable witnesses, suppression of evidence, prosecutorial discretion, or developments that make conviction unlikely. None of those necessarily means there was no reasonable cause for the original arrest.
For many people whose objective is to prevent an old arrest from appearing in ordinary background searches, section 851.91 may provide the appropriate relief without litigating factual innocence. But when the circumstances justify a factual-innocence petition, the distinction can be extremely important.
What Record Sealing Does – and Does Not – Accomplish
A properly obtained sealing order can substantially change how an old arrest affects employment, housing, reputation, and other background investigations.
Court and law-enforcement records subject to the sealing order are generally restricted from disclosure outside the criminal justice system. In many ordinary situations, the person can treat the sealed arrest as though it did not occur.
But sealing is not a universal eraser.
Criminal justice agencies retain access to sealed arrest information. The arrest may still be used as permitted by law in a later prosecution. Certain government, licensing, public-office, and law-enforcement applications may still require disclosure. And a sealing order does not independently resolve firearm, immigration, or professional licensing consequences that arise under separate laws.
Private background-check companies present another practical issue. A commercial company may have obtained arrest information before the record was sealed. Although the underlying official record may later be restricted, an outdated private database may not immediately correct itself.
For that reason, obtaining the sealing order may not always be the last step. If a commercial background report continues displaying sealed information, the person may need to dispute the report and provide documentation showing that the arrest received relief.
Keep copies of the petition, signed sealing order, final court minute order, and any subsequent correspondence concerning the record. Years later, those documents may be considerably easier to produce than attempting to reconstruct the case again.
A Practical Approach Before Filing
Start with the actual criminal-history record rather than memory.
People often remember that a case was “dropped,” “rejected,” or “thrown out,” but those terms can describe very different procedural outcomes. Obtain enough information to determine whether charges were filed, whether any plea was entered, whether another offense was substituted, whether the case was dismissed, and whether any conviction remains.
Next, identify the arresting agency and every case number or report number associated with the incident. In Los Angeles County, the records may be spread among the arresting police department, prosecuting agency, Superior Court, and Department of Justice.
Then determine whether the arrest has already received automatic relief. A current California criminal-history report can help identify how the DOJ is presently reporting the arrest and whether a notation of relief has been entered.
Finally, identify the objective. Is an employer finding the arrest? Is a professional licensing agency asking about it? Is the arrest appearing in an online court search? Is a commercial background-check company reporting outdated information? Or does the person want a formal court order confirming that the arrest has been sealed?
The answer can determine whether a section 851.91 petition, automatic record relief, factual-innocence petition, correction of an inaccurate criminal record, or another remedy is appropriate.
Do Not Wait Until a Background Check Forces the Issue
Many people discover an old arrest record only after a job offer is delayed, an apartment application is questioned, or a licensing agency asks for an explanation. At that point, they may be working against a deadline.
It is usually better to determine what the record shows before the problem becomes urgent.
For an arrest that did not lead to a conviction, California law may provide substantial relief through court-ordered arrest-record sealing or automatic record relief. The correct remedy depends on the disposition of the case, the age of the arrest, the offenses involved, and how the record is currently being reported.
If you need to assess an old arrest or criminal record in Los Angeles County, Wegman & Levin APC can review the procedural history and determine whether record sealing or another form of relief may be available. Call (818) 495-8330 for a confidential consultation in North Hollywood, Los Angeles, or anywhere in Southern California. Before responding to a background check or assuming an old arrest will follow you indefinitely, find out what the record actually shows and whether California law allows it to be sealed.
