Sealing the Record of An Arrest When No Charges Were Filed

Under Penal Code 851.87, individuals in California have the opportunity to seal records related to an arrest that did not result in a conviction. This process is crucial for those seeking to mitigate the negative consequences of an arrest record on their employment, housing, and personal life. Here’s a detailed summary of how sealing the record of an arrest works under Penal Code 851.87:
Eligibility Criteria:
To qualify for record sealing under Penal Code 851.87, individuals must meet specific eligibility criteria:

1. No Conviction: The arrest must not have resulted in a conviction for any offense, including a conviction through diversion, deferred entry of judgment, or similar programs.
   
2. Dismissal or Acquittal: The case must have been dismissed by the court, or the individual must have been acquitted of all charges related to the arrest.
   
3. Waiting Period: There is a waiting period before eligibility for record sealing. This period typically ranges from one to three years from the date of the arrest, depending on the circumstances of the case.
   

Process for Record Sealing:
The process for sealing the record of an arrest under Penal Code 851.87 involves several steps:

1. Petition Filing: The individual must file a petition with the court requesting the sealing of their arrest records. The petition should include relevant information, such as details of the arrest, case number, and reasons for seeking record sealing.
   
2. Court Hearing: In some cases, a court hearing may be scheduled to review the petition and hear arguments from both the petitioner and the prosecution. The court considers factors such as the individual’s rehabilitation efforts and the impact of the arrest record on their life.
   
3. Court Decision: If the court grants the petition, it will issue an order to seal the arrest records. This order directs law enforcement agencies, courts, and other relevant entities to seal and, in some cases, destroy the records related to the arrest.
   
4. Notification: Once the records are sealed, the individual is typically notified of the court’s decision. Law enforcement agencies and other entities are also notified to ensure compliance with the sealing order.
   

Benefits of Record Sealing:
Sealing the record of an arrest under Penal Code 851.87 offers several significant benefits:

1. Employment Opportunities: Many employers conduct background checks as part of their hiring process. Sealing an arrest record can improve employment prospects by removing barriers related to past arrests that did not lead to convictions.
   
2. Housing and Rental Applications: Landlords and property managers often perform background checks on prospective tenants. Sealing arrest records can enhance chances of securing housing by mitigating concerns about previous interactions with law enforcement.
   
3. Peace of Mind: Individuals whose arrest records are sealed can move forward with their lives without the stigma and negative consequences associated with a public record of arrest.
   

Limitations and Considerations:
While sealing the record of an arrest can provide significant benefits, it’s important to consider limitations and factors that may affect eligibility or the outcome of a petition:

1. Eligibility Requirements: Individuals must meet specific criteria regarding the outcome of their case and the waiting period before filing a petition for record sealing.
   
2. Court Discretion: The decision to grant or deny a petition for record sealing is at the discretion of the court. Factors such as the nature of the arrest, the individual’s criminal history, and their rehabilitation efforts may influence the court’s decision.
   
3. Effectiveness of Sealing: While arrest records are sealed from public view, there are exceptions. Certain government agencies, such as law enforcement and licensing boards, may still have access to sealed records for specific purposes.
   

Conclusion:
Sealing the record of an arrest under Penal Code 851.87 provides a valuable opportunity for individuals in California to mitigate the impact of an arrest that did not result in a conviction on their future opportunities and quality of life. By understanding the eligibility criteria, following the appropriate legal procedures, and seeking guidance from legal professionals when necessary, individuals can navigate the process effectively and pursue the benefits of record sealing to secure a fresh start and move forward with confidence



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