Understanding a Petition to Seal an Arrest

At Unlock Legal, we offer help to those who may not have been convicted of a crime, but still have an arrest record lingering in their past. 

We recently took on a client’s matter where she was arrested over 15 years ago for a case that was ultimately dismissed. Although she was never convicted, the arrest itself still showed up as an old online newspaper articled discussed it, and this caused undue difficulty in her life.  Therefore, we filed a Petition to Seal an Arrest on her behalf.  A Petition to Seal an Arrest may be filed even where charges were never formally brought against you, but the arrest report remains public.

The Petition requires the client’s basic personal information, a case number if applicable, a copy of the police report, and any other related documents. However, even if we are confident that the Petition will be granted with just this information alone, we go further by including a declaration by our client explaining their situation and outlining the reasons why this petition is justified. Taking this extra step ensures that our client’s Petition is not looked over or incorrectly denied.

Related Article: Case Study: Expunging Criminal Records and Obtaining Registered Nursing License

The Petition is then served upon the District Attorney, the arresting law enforcement agency, and the court.  If necessary, we will effectuate oral argument in court on the petitioner’s behalf.  Once the Petition is granted, the arrest and any related case information is sealed. This means that you can truthfully say on an employment application that you have never been arrested. The only caveat to this situation is if a California licensing agency is requesting such disclosure. If that is the case, the arrest must be disclosed. However, licensing agencies will take into account that the arrest has been sealed.

If you have been arrested and are looking to clean up your record, call us today to file your petition so that we can unlock your future. Contact Unlock Legal today or give us a call at your convenience at 949-988-4444 to speak with a professional about your case and your unique needs. You’ll find we are compassionate, easy to talk to, and willing to help in any capacity we can. 

Unlock Legal provides focused representation in criminal defense and defense for California licensed professionals.

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