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California Drug Diversion Sealing Frequently Asked Questions California Flag

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This page was designed to help our clients better understand our California Drug Diversion Sealing service. You will find answers to the questions we are most frequently asked. If your question is related to eligibilty requirements please take the free online eligibilty test.


Will it show up on my background check?

After your record is sealed the court clerk and arresting agency will seal the records and files so no one can view them. However, the California Department of Justice can still maintain and disseminate the records they hold.

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

The sealed drug diversion case can still be disclosed by the Department of Justice or court when determining eligibility for a later drug diversion or deferred entry of judgment program.

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

The sealing of the record allows you to state that you were not arrested for the charge. However, on a peace officer application or questionnaire a person must disclose the arrest to any direct question even if it was sealed after the drug diversion completion.

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

If your case is sealed then you can state that you were not arrested for the charge and the record cannot be used in a way that results in the denial of employment, benefit, or certificate. However, the California Department of Justice can still maintain and disseminate the records they hold. On a peace officer application or questionnaire a person must disclose the arrest to any direct question even if it was sealed after the drug diversion completion. Additionally, the sealed drug diversion case can still be disclosed by the Department of Justice or court when determining eligibility for a later drug diversion or deferred entry of judgment program.

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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.

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Is a court hearing required for record sealing?

Yes, in most of cases.

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Do I have to go to court?

No. We are licensed attorneys so we go to court for you. If the judge requests your presence and it is a hardship for you to appear then we can request that your presence be excused.

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How long does the process take?

Typically, most cases take about four to six months depending on the court.

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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 glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it sealed.

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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 a person successfully completes a drug diversion or deferred entry of judgment program pursuant to Penal Code section number 1000, 1000.5, or 1000.8.

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What are my chances of success?

We are very successful in the cases in which the person successfully completed the diversion program and it appears to be in the interest of justice that the record be sealed. 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.

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Does it matter if I pled guilty or no contest?

The only instance where a case with a guilty plea may be sealed is if a person successfully completes a drug diversion or deferred entry of judgment program pursuant to Penal Code section number 1000, 1000.5, or 1000.8 and subsequently had the case dismissed.

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Does this apply for infraction convictions?

No.

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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.

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Do you have payment plans?

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

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How come record sealing is more expensive than expungement?

Because record sealing takes much more time and work.

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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.

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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 have many counts are in each arrest/case. However, if you sign up for multiple cases then we discount the additional cases.

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What if the police or a prosecutor objects?

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

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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 person did not successfully complete the diversion/ deferred entry of judgment program.

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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.

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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.

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What happens after my arrest is sealed?

You will receive a court order sealing the records of the arrest and you can state you were not arrested for the charge (except on an application or questionnaire for position as a peace officer). The order will require the court and arresting agency to seal your arrest records. However, the Department of Justice does not have to seal their records and can still disseminate the information.

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How do the agencies know it was granted?

The court will forward the order to the arresting agency to seal the records of your arrest.

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

The court will usually be the first to update its records. After the arresting agency receives the order, they must promptly update their records. This can take a few weeks to a month.

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

No. In order to have your record sealed the case would have had to result in a dismissal due to successful completion of a drug diversion or deferred entry of judgment program pursuant to Penal Code section number 1000, 1000.5, or 1000.8.

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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.

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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.

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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.

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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.

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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.

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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.

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The first step towards a better life begins with finding out if you are eligible for California Drug Diversion Sealing.



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Law Firm of Higbee & Associates

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