California Arrest Record Sealing Frequently Asked Questions

Will it show up on my background check?

No. The arrest records will be sealed and then eventually destroyed and treated as though it never occurred.

Back to top

Can an arrest that has been sealed be used against me for a future conviction?

No. If a case is sealed then it is treated as if it never occurred.

Back to top

Do I have to disclose the arrest after it has been sealed?

No. The records are sealed, treated as though it never occurred, and then eventually destroyed. You can represent to the public that you were never arrested of the offense.

Back to top

Can an arrest that did not lead to a conviction and has not been sealed be used against me?

California labor laws and regulations say that it is illegal to discriminate against someone for an arrest that did not result in a conviction or a conviction that has been sealed or expunged. However, it happens all the time because such discrimination is almost impossible to prove. So, if possible, it is a good idea to seal a record and eliminate the chance of wrongful discrimination and embarrassment. Also, people in other states may be able discriminate against you based on the arrest, because California law against discrimination does not apply to them.

Back to top

Do I need to hire an attorney?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the arrest and case off of your record.

Back to top

Is a court hearing required for record sealing?

Yes, in most of cases.

Back to top

Do I have to go to court?

No. We are licensed attorneys so we go to court for you. However, in many cases that judge requests you appear. If you are unable to make it we can write a motion asking the judge to excuse your presence.

Back to top

How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the important information to the judge so he knows why you are deserving to have your record cleared. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

Back to top

How long does the process take?

Typically, most cases take about four to six months depending on the court. If you were arrested and charges were not filed against you in court then we must wait 60 days for the arresting agency to grant or deny the sealing before we file with the court. If the arresting agency does not respond to the petition then after 60 days we will file with the court.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

Back to top

Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be happy to write a letter to your employer or potential employer to let them know we have reopened the case and are in the process of having it sealed

Back to top

How do I know what is going on with my case?

We have an online tracking system that is just for your case(s). You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

Back to top

What type of arrest records can be sealed?

Only arrests that did not result in a conviction can be sealed. If you received a conviction but the conviction is later “dismissed” under PC 1203.4, the conviction cannot be sealed. Cases that led to a diversion program cannot be sealed either unless the diversion was a drug diversion under PC 1000.

Back to top

Do I have to apply by a certain time?

The law states that if over two years has passed since the date of the arrest then you must show good cause to overcome that requirement. Some courts are stricter than others regarding what constitutes good cause. For instance, San Francisco requires more than just not knowing that you could seal your case.

Back to top

What does it take to seal a record?

It must be shown that you are factually innocent of the charge for which you were arrested.

Back to top

How do you prove that I am factually innocent?

We can show that there just was no reasonable cause for the police to arrest you. The government does not have to show that you were guilty beyond a reasonable doubt. If we can persuade the judge that, through police reports, court documents, or sworn statements, the evidence was not sufficient enough to justify your arrest for the particular crime you were arrested, then you will be granted the sealing.

Back to top

What are my chances of success?

It is difficult to say without researching your case. We can do a preliminary evaluation for a fee. If you wish to go forward, we will apply the fee paid to the price of the sealing.

Back to top

Does it matter if I pled guilty or no contest?

If you pled guilty or no contest then you are convicted of the charge and not eligible for sealing. The only instance where a case with a guilty plea may be sealed is if the person received and completed the Penal Code section 1000 drug program and subsequently had the case dismissed.

Back to top

Does this apply for infractions?

No.

Back to top

Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee at the same time.

Back to top

Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing section for details regarding the payment plans.

Back to top

How come record sealing is more expensive than expungement?

Because it involves a substantial amount of preparation and sometimes several appearances in court by our attorneys.

Back to top

What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

Back to top

What if I have multiple arrest records?

Sealings must be filed and completed per arrest/case. Therefore, we charge per arrest/case and it does not matter how many counts are in each arrest/case. However, if you sign up for multiple cases then we discount the additional cases.

Back to top

What if the police or a prosecutor objects?

Then we will respond to the objections, and we represent you at any hearings.

Back to top

What is the main reason that it is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, or (3) the judge does not find you factually innocent or finds that there was a reasonable basis for the arrest.

Back to top

What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile.

Back to top

Will it relieve me of the requirement to register?

If you are required to register then you are convicted of the crime and not eligible for sealing. Please see the information on expungement.

Back to top

What happens after my arrest is sealed?

You will receive a court order sealing the records of the arrest. The order will require law enforcement and criminal justice agencies to seal your arrest records and then destroy them after three years of issuing the order. Your arrest will be treated as though it never occurred.

Back to top

How do the agencies know it was granted?

The court will forward the order to the Department of Justice and other law enforcement agencies in California to seal the records of your arrest. Most background check companies, employers, and other third parties receive their information from either the court or the records of those California law enforcement agencies.

Back to top

How long does it take for the records to be updated?

The court will usually be the first to update its records. After the law enforcement agencies (including the Department of Justice) receive the order, they must promptly update their records. This can take a few weeks to a month.

Back to top

After it is expunged, can I have the record sealed?

No. In order to have your record sealed the case cannot have led to a conviction.

Back to top

Will this clear my DMV record?

Sealing does not affect your DMV record, primarily because most traffic offenses are infractions, which are not eligible for sealing.

However, after a certain number of years the DMV records fall off and disappear, unlike your criminal history which never disappears unless you have it expunged or sealed.

Back to top

Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you are prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have whatever information the United States has on record. This means the Canadian government may have a record of the arrest before it is sealed and they may keep a record of it. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this is that the record of the arrest will not show.

Back to top

Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in record sealing could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

Back to top

Can I vote after this?

Yes. An arrest does not by itself take away any of your civil rights to begin with, whether or not you get it sealed.

Back to top

Will it help with immigration?

Yes. The Department of Homeland Security may still be able to view it and consider it when determining your immigration; however, it will appear better and increase your chances during the immigration proceedings.

Back to top

Can I clear my federal conviction?

You can only seal certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

Back to top