If you’ve been arrested in California but were not convicted of the offense on which the arrest was based, you are likely eligible to have records of the arrest sealed—making the record inaccessible to anyone outside the criminal justice sector. Because arrests remain on a criminal record even where a conviction did not result, an arrest record sealing is highly beneficial to anyone applying for a new job, enrolling in school, or seeking new certifications or other career advancing opportunities. The recently passed Senate Bill No.393 (SB393) will make record sealings available to millions of individuals who have been arrested in California and who were not convicted of the offense for which the arrest was based.
Record Sealing Eligibility
The newly passed SB393 (found in California Penal Code – Section 851.91) allows for record sealing if an arrest occurred but either (A) no charges were filed, (B) charges were filed, but no conviction occurred because the charges were dismissed or the individual was acquitted, or (C) for a convictions that are later reversed or vacated on appeal. This means nearly everyone who has been arrested but was not convicted of the arresting charges may be entitled to a record sealing.
Some offenses are ineligible to be sealed which include murder, offenses for which the statute of limitations has not fully expired, and offenses without a statute of limitations at all. In other words, certain very serious convictions are not eligible, but millions of records will be able to be sealed.
Existing Laws Amended By Senate Bill 393
The passing of SB393 also amended several currently existing laws. The two big changes SB393 makes to existing law are:
- It has eliminated the two-year filing requirement for sealing pre filing diversion programs, and no longer requires a showing that granting the petition would be in the furtherance of justice—making record sealings more widely available. This means all petitioners who have completed a pre filing diversion program are entitled to a record sealing!
- SB393 has also made record sealings more available to those who have completed a drug diversion program or who were admitted to a deferred entry of judgment program by eliminating the requirement of demonstrating that sealing the arrest record would serve the interests of justice. Now, anyone who successfully completed a drug diversion program or a deferred adjudication program is entitled to obtaining an arrest record sealing!
The significant changes enacted by SB393 have made arrest record sealings available to millions of Californians who have been arrested but not convicted, and who still bear the mark of that arrest on their record. These changes will go into effect on January 1, 2018, at which time petitions under the newly enacted and amended laws may be filed with California courts. After January 1, 2018, potentially millions of Californians will be entitled to having their arrest records sealed.
Find out How You Can Benefit From the New Record Sealing Law
If you’ve been arrested in California but were never convicted of the charges on which the arrest was based, call us at 877-573-7273 or visit our California record sealing for more information on how we can help you get your California arrest record sealed!