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.
What Does It Mean to Seal an Arrest Record?
Sealing your arrest record means it will not appear on most criminal background checks. The record isn’t destroyed, but public access to it is restricted. For licensed professionals or those applying for a license, this matters because arrest records can affect how boards evaluate your application and your fitness to practice, even when the arrest never resulted in a conviction.
Under California law, individuals who were arrested but never convicted are allowed to petition to have that arrest sealed. Once sealed, the arrest is legally deemed not to have occurred for most purposes. You can honestly state in most settings that you were not arrested for that offense.
Who Qualifies to Seal an Arrest Record in California?
California Senate Bill 393, now codified in Penal Code 851.87, allows you to petition to seal an arrest record when:
- You were found not guilty
- Charges were filed but later dismissed
- Charges were never filed against you
- You successfully completed a diversion or treatment program tied to the charges
- Your conviction was overturned or vacated on appeal
If your case falls into any of these categories, sealing your record removes it from public view and stops it from appearing in most background checks run by employers and licensing boards.
The Important Exception for Professional License Applications
Sealing an arrest record does not eliminate your disclosure obligation on professional license applications in California. State law specifically requires disclosure of sealed arrests when directly asked on applications for licensure by a state or local agency. This means that if a licensing board application asks whether you have ever been arrested, you may still be required to answer truthfully even if the record has been sealed.
This doesn’t undo the value of sealing your record. It still removes the arrest from public background checks, protects your reputation, and limits the board’s ability to access it through standard channels. But working with a license defense attorney before you apply ensures you understand exactly what you’re required to disclose and how to present it in a way that gives you the best chance at approval.
How Unlock Legal Helped a Client Seal an Arrest
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.
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.
