California Penal Code 851.91/The CARE Act – Sealing Arrest Record Motions

Legal Definition: Your arrest record can be sealed as a matter of right (meaning by law) if any of the following circumstances are true in your case:

1. You were arrested but no criminal charges were ever filed against you;
2. Criminal charges were filed against you but you were acquitted or found not guilty at a jury trial;
3. You were convicted of the crime, but the conviction was reversed or vacated on an appeal; OR
4. The charges against you were dismissed after you successfully completed a pretrial diversion program (DEJ) such as Prop 36/PC 1000.

However, there are several exceptions that would prevent you from sealing your arrest record:

1. The Statute of Limitations on the arrested charge has not yet expired;
2. You were charged with murder or another serious charge where there is no statute of limitations (unless you were acquitted or found factually innocent of the charge);
3. You fled the area in order to avoid police trying to apprehend you;
4. You have a pattern and history of arrests or convictions for domestic violence, child abuse, or elder abuse.

How will this help me?

Every year, numerous individuals endure the ordeal of being arrested on charges that are ultimately dropped or never filed. Such arrests can have lasting implications, not solely due to the experience itself, but also because they become a permanent record. Although employers are generally prohibited from considering non-conviction arrests against applicants, the mere presence of an arrest can still influence hiring decisions.
Sometimes, an arrest may occur due to being in the wrong place at the wrong time or matching a description. As an attorney, I can personally vouch for instances of being detained based solely on matching a description. However, due to my profession, I was able to navigate through such situations. Unfortunately, that is not the reality for everyone. An arrest is not only embarrassing, stressful, and etched on one’s record, but it may also involve posting bail for a case that will never reach court. This unjust system often denies individuals the opportunity to explain a wrongful arrest to potential employers, leading to rejection.
Under this section, you can finally clear your name from these false charges. In many instances, you may not even have the chance to convey the circumstances of your arrest to prospective employers before facing rejection.

What will Sealing my Arrest Record do?

Sealing your arrest record will establish that your arrest is deemed non-existent. This indicates that you can truthfully respond with a “no” when asked by potential employers, landlords, state licensing agencies, or insurance companies if you have ever been arrested. However, if you are pursuing a job as a police officer or applying for a state license, you must disclose your arrest. Having your arrest record sealed will prevent it from appearing on a public background check, enhancing your credibility and trustworthiness.

Call Today

An arrest, especially one based on misrepresentation, false accusations, or questionable police work, can leave a lasting shadow on your life. However, you don’t have to let a wrongful arrest define you. With the advent of new legal provisions in 2018, you now have a path to clear your record and move forward with your life.

Navigating the complexities of this process requires the expertise and experience of a seasoned attorney. I’ve dedicated myself to championing the rights of those unjustly arrested, and since 2018, I’ve successfully spearheaded countless cases, helping individuals like you to wipe the slate clean.

Our distinguished Ontario criminal defense attorney, specialized in PC 851.8 and 851.91, is here to provide tailored guidance and vigorous representation to ensure you get the justice you deserve.

Don’t let an unjust arrest cast a shadow over your future. Avail a complimentary consultation with us and let us address your concerns anytime, any day. Reach out to Inland Empire Criminal Defense now at 909-939-7126. Conveniently based in Ontario, CA, we’re here to stand by your side and guide you towards a brighter tomorrow.