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Seal Arrest Records in California under P.C. 851.91 & 851.92

 Seal an Arrest Record in Socal

Attorney Wais Azami can assist with getting your arrest record sealed.  Our Garden Grove office handles most criminal matters.  Our central location makes us easily accessibly by LA County and Orange County residents.  

Call us now to see if you qualify: (714) 321-9999!

What does it mean to have an arrest record sealed? 

A sealed arrest record is as though the arrest never took place.  However, it doesn't mean an actual seal under ALL circumstance.  For example, your arrest record may still show in the following situations:

  • Running for public office
  • Becoming a law enforcement officer
  • Obtaining certain professional licenses from state or local agencies 
  • When contracting with state lottery commission
  • Possibly for immigration purposes 
  • A record of prior arrests for any future crimes petitioner may commit
  • Establishing right to own or possess firearm, if the underlying arrest charges would have been prohibitive of own, possessing or having under your immediate control firearms 

What is the exact rule on getting an arrest record sealed in California?

California explains the rule for getting an arrest record sealed under Penal Code Section 851.91.

Do I qualify to have my arrest record sealed?

You might qualify to have your arrest record sealed as a matter of right if:

  • You have NOT been charged with the crime for which you were arrested and you cannot still be charged with said crime,
  • Charged but the charge(s) were dismissed, or 
  • Charge dismissed after successful completion of a diversion program

The exception to the above is if you were charged with certain specific crimes which are prohibitive of having your arrest record sealed: 

  • Charges for Elder Abuse
  • Charges for Domestic Violence 

Who cannot have their arrest record sealed in California?

The following types of situations will disqualify you for having your arrest record in California sealed:

  • If you could still be charged with the crime.
  • If the arrest was for murder or any other crime without statute of limitation, except if you have been acquitted or found factually innocent.
  • You intentionally evaded law enforcement to avoid prosecution for that arrest 
  • Failure to convince the court that sealing your record would be in the interest of justice, if you are requesting the seal because it would serve the interest of justice.

How can I get my arrest record sealed under Penal Code 851.92?

You will need to complete the necessary forms and possibly create a motion.  You will need to submit those forms and motion to court and serve the law enforcement agency and the prosecutor with a copy of your request at least 10 days in advance of the hearing.  You will need to go to court on that date.  If the prosecutor objects to you getting your record sealed, you may have to have a compelling and credibly reason(s) why your request would be in the interest of justice.  We can assist with all of these steps, because criminal defense work is the majority of our practice. 

Is there a time restriction to get my arrest record sealed in California?

You have up  to 2 years after your arrest to seal your arrest record, if you qualify.  If you could still be charged with the crime for which you were arrested, you may not be allowed to have your record sealed.  

Is there a court hearing required to have my arrest record sealed in California?

Yes, there is a court hearing and a motion for requesting the court to have your arrest record sealed.  You may not be required to attend if you have an attorney arguing the motion on your behalf.  Sometimes the court may also conduct the hearing without the parties if there are no objections by prosecution and you qualify as a matter of right to have your record sealed.  

We can help answer your questions.  Please call (714) 321-9999. 

Law Office of Wais Azami | Orange County Criminal Defense, DUI & Personal Injury Attorney

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