Sealing Arrest Records
Clean up your arrest record with help from a skilled defense attorney
In America, everyone is innocent until proven guilty. This should mean that simply being arrested for a crime would not be viewed with prejudice by prospective employers, landlords, and other individuals. However, this is not the case. Having an arrest on your record can affect your reputation and your future, even if you were never charged with or convicted of a crime.
Fortunately, California law provides a remedy that can render certain arrest records invisible to most entities that would run a background check, with the exception of law enforcement.
As of October of 2017, many arrest records can be sealed as a matter of right. This means it is no longer necessary for the defendant to prove that they are innocent in order to get the arrest record sealed; instead, the burden of proof is shifted to the prosecutor to prove that the defendant does NOT deserve to have the record sealed.
If any of the following apply to your case, you may be eligible to seal your arrest record:
- No criminal charges were ever filed
- Criminal charges were filed but later dismissed
- The defendant was found “not guilty” (acquitted) in a jury trial
- The defendant’s conviction was vacated or overturned on appeal or
- The defendant successfully completed a pretrial diversion or pre-sentencing program
However, there are some exceptions. If your criminal record shows a “pattern” of domestic violence, elder abuse, or child abuse, you record will not be automatically sealed. Instead, it can only be sealed at the order of a judge.
Need Help Sealing Arrest Records?
The simplest way to approach the record sealing process is with the assistance of a criminal defense attorney. At Perlmutter & Pourshalimi, we understand the law and the required procedures in detail. We can help you understand your eligibility and handle the entire process for you to make it as stress-free as possible. To learn more, call us at 310-295-2236 for a free, confidential consultation.