Los Angeles criminal arrest records can be an obstacle that hinders your career, housing, and social mobility for years after your case has been resolved. An arrest record, even if you were never convicted, will be public record and may be used to prejudice your background check unfairly. The CARE Act and the recently passed Senate Bill 731 offer strong avenues to seal these records and reclaim your privacy in California.
We at CCLG: Los Angeles Criminal Attorney know that an arrest that did not result in a conviction should not limit potential. We are experienced in handling the intricate process of clearing up your criminal record in the Los Angeles Superior Court system. If you are looking to have an arrest record expunged that never resulted in charges or a conviction, or a conviction erased due to the new “Clean Slate” laws, we can offer you the legal representation you need to move on with your life.
Understanding Record Sealing in California
To fix your past, you have to understand how California treats it. Many people use the word “expungement” for everything, but record sealing is different. It provides much more privacy, as you will not appear on background checks.
What is the Difference Between Record Sealing and Expungement?
You may have heard that an expungement does not actually clear your name, but that is not the truth. Under Penal Code 1203.4, an expungement in California will remove the record of the case from your criminal history. The record is still public, though. Even if the case is eventually dropped, a landlord or employer can still see that you were in trouble. Sealing is a more effective tool. Sealing a record means the court closes it. It is not just “dismissed,” it is “hidden.
After your record is sealed, the arrest is treated as if it never occurred. When a private employer asks you if you have an arrest record, you have the legal right to say “no. This is a significant benefit in a city like Los Angeles, where hundreds of people may apply for the same job. You do not want a case that was dismissed five years ago to be the reason for your application being rejected. Sealing helps keep your private history private.
The Legal Consequences of Sealing Your Arrest Record
If you are successful in winning a record-sealing petition, the judge will sign an order that is sent to the Department of Justice and the local police. These agencies are required to update their files. They stamp your record to indicate that it is closed. This change impacts nearly all aspects of your case, such as:
- Your fingerprints and palm prints stored in state databases
- The booking photos or “mugshots” taken at the station
- The complete police investigative reports prepared by the arresting officers
- Your official criminal record, as seen on background checks
A background check company will discover nothing if they attempt to look at your Los Angeles background. If you apply for a job as a police officer or a public official, only law enforcement officers or certain government agencies can still see a sealed record. For all others, your past is erased. This allows you to apply for housing or credit without worrying about being rejected based on a crime you did not commit.
Eligibility for Record Sealing Under the CARE Act (Penal Code 851.91)
The CARE Act is the main statute that you will use to expunge an arrest that did not result in a conviction. It was meant to assist those who were caught in the system but never convicted. Most people in this situation have a right to get their records sealed.
Arrests Resulting in No Charges or Dismissals
If a conviction did not follow your arrest, you can seal your record. In Los Angeles, this happens more often than you might expect. Maybe the police had the wrong man, or the District Attorney felt there was not enough evidence to convict at trial. If you have any of the following, you have a right to be sealed:
- The police arrested you, but the prosecutor did not file any formal charges against you
- The prosecutor charged you, but later dismissed the case altogether
- You were put on trial and found not guilty or acquitted
- Your conviction was overturned on appeal, and the case cannot be filed again
- The prosecutor has missed the deadline to file charges, and your record remains open
If you do fit into any of these categories, then it will be up to the prosecutor to prove that you should not have your record sealed. No proof of “moral innocence” is required; only proof that the legal result was not a conviction. It is a streamlined procedure that your lawyer may be able to carry out without you ever having to enter a courtroom.
Successful Completion of Diversion Programs
If your case was related to drugs or a mental health problem, you may have been placed in a “diversion” program. These programs can help people avoid jail, but they can also create a messy record. If you followed all the judge’s instructions, for example, on classes and cleanliness, your case is dismissed under Penal Code 1000 or under other diversion laws. You are then eligible to seal the record of arrest that is related to that diversion.
This is an important part of your recovery. You can seal an arrest, but you know you have changed your life when you complete a program. With that dismissal, your attorney can file a motion with the court to seal the arrest. This way, you will get a clean slate when you finish your rehab or counseling program, which is the reward for your hard work. An old drug arrest should not prevent you from obtaining a professional license or a better job.
Acquittals and Reversed Convictions
After winning your case at trial, you may feel relieved, but if you do not take action, the arrest will still be on your record. An acquittal is a formal decision that the state failed to prove that you committed a crime. You deserve a record that shows that victory. The same goes if you have gone through the appeals process and won your case.
The conviction is treated as if it never happened if a higher court overturns it. Petitions to seal the arrest and court records can then be made. This means that no one will be able to see your legal record, and the final verdict on your case will be the one that exonerates you.
Senate Bill 731 (The “Clean Slate Law”)
In California, the “Clean Slate” law (Senate Bill 731) was passed recently. One of the most forward-looking laws in the country. It enables more people than ever to seal their records, including those convicted of felonies and sentenced to state prison.
Automatic Expungement Of Misdemeanors And Felonies
The state is now attempting to automate many of the newer sealing cases. That is, the Department of Justice is supposed to review its database and, without taking any action, seal some records. Typically, this relief is granted when you have a misdemeanor arrest without charges for 1 year or when you have served probation for a misdemeanor. It also applies to felony arrests without charges after three years.
It is important not to rely entirely on this automated system. Things go wrong with computers, and sometimes local courts do not inform the state that your case has been dismissed. If you are intending to apply for a job next month, you do not want to discover the hard way that the “automatic” system missed your file. A formal petition is often advisable, even if you do not file one. This will provide you with a signed court order that you can present to any person who may use your past against you. The only way to be certain that your record is clear.
The Four-Year Rule for Felony Convictions
The most significant changes in SB 731 concern felony convictions. If you were sent to state prison, your record would have been permanent. If you have a felony conviction, however, and you have served your time, you can petition to seal it. Parole/supervised release must be completed, and you must remain free of problems for at least four years.
Not all crimes are covered by this law. A conviction for a serious or violent felony or any crime for which you must register as a sex offender cannot be sealed. However, for thousands of other felonies, this four-year rule is a game-changer. It creates opportunities for people to move into homes and jobs that were unavailable for decades.
You have served your time, stayed out of trouble for four years, and are entitled to ask for a fresh start. Your lawyer will work with the judge to demonstrate to him that you have moved on and are entitled to have your record sealed.
Navigating Ineligibility and the “Interests of Justice” Exception
Not everyone has their record automatically sealed. Other crimes are more sensitive, and the judge will want to take a closer look at your life before making a decision. If you have a history of some of the issues, you will require a more detailed legal strategy to win your case.
Defining a “Pattern” of Misconduct
If they see a “pattern” of bad behavior, the judge may be reluctant to seal your record. This typically applies to serious crimes that the State deems of great concern to public safety. If your record indicates you have a pattern of:
- Domestic abuse of a partner or a spouse
- Abuse or neglect of a child
- Senior citizen abuse or financial crimes against seniors
Typically, the law requires two or more convictions for these crimes or five or more arrests in three years. If you are in this category, the prosecutor is likely to be present in court to argue against you. They will attempt to convince the judge that you pose a threat to the community. The key to overcoming this is to prove that you have changed. The law alone will not suffice; you must demonstrate that you are a different person now than you were back then.
Factors Judges Consider in Discretionary Sealing
You can request a discretionary seal even if you are not eligible “as a matter of right.” This is where your lawyer comes into play. The sealing of your record must be shown to be in the “interests of justice. It is a general term that allows the judge to say yes. Your lawyer will build a case by showing the judge the following:
- Proof of a steady income and a positive character in Los Angeles
- Documentation of completion of counseling, therapy, or anger management courses
- The exact ways in which your record is hurting you, such as not being able to get a promotion or a place to live
- Letters from people in your community who can vouch for your character today
- Evidence that the original arrest was made on weak or confusing information
The judge is asking whether you pose a threat to the public. Most judges will be willing to help if we can prove you are a productive member of society and just need to get rid of an old piece of paper. We are not looking at you from years ago; we are looking at you now.
The Step-by-Step Legal Process to Seal Your Record in Los Angeles
Cleaning your record is a legal procedure that must be conducted in accordance with specific rules. The court will probably refuse to consider your request if you miss a deadline or complete a form incorrectly. A professional should do the paperwork to ensure that it goes through the first time.
Drafting and Filing the Petition (Form CR-409)
The process starts with a formal petition. You will most likely be required to fill out Form CR-409, which will request all information regarding your arrest. It is important to be honest and accurate. Without a case number or an incorrect date, the police will not be able to locate your file and seal it. You must provide your full name, date of birth, agency that arrested you, and what charges you were facing.
This petition must be filed in the same court where your case was filed. There are dozens of courthouses in Los Angeles, and it is a common mistake to file in the wrong one. In either Long Beach, Van Nuys, or downtown at Clara Shortridge Foltz, the petition must be placed on the correct desk. The court clerk will provide you with a hearing date once the case has been filed. This is the day you will have your future decided by the judge.
Serving the District Attorney and Arresting Agency
The petition is not the end of the process. There is also a need to “serve” the government. This means that you will need to provide a copy of your petition to the Los Angeles District Attorney and the police department where you were arrested. This must be done at least 15 days before your hearing. This allows them the opportunity to review your rap sheet and determine whether they wish to fight you in court.
The judge will not hear the case if it is not served properly. It is strictly an administrative matter, but many people get it wrong when they try to do it themselves. Your attorney will make sure the proof of service is filed with the court. When the D.A. knows that a professional law firm is involved, they are less likely to fight the case unless you have a very serious criminal record.
Representing Your Interests at the Court Hearing
Your lawyer will appear in court on the day of your hearing. In many cases in Los Angeles, it is not even necessary to appear. Your lawyer can do the talking for you. The judge will review the petition, see if there are any objections from the D.A., and determine whether or not you are eligible. The judge will sign the sealing order if all is in order.
Following the hearing, the lawyer ensures the signed order is delivered to the appropriate parties. It is sent to the Department of Justice for inclusion in your state-wide record. A certified copy of this order should be stored in a safe place. If the background check business ever reports your sealed arrest in the future, you can provide them with the order and ask them to remove the information. This order will be your last line of defense and your chance at a new beginning.
Why Your Future Depends on Sealing Your Record
You reside in one of the world’s most expensive and competitive cities. Reputation is the currency in Los Angeles. If you have a criminal record, you are playing with one hand tied behind your back. Closing that record alters the rules in your favor.
Professional Licensure and Career Advancement
In California, many people hold jobs that require a license. This includes nurses, real estate agents, contractors, and teachers. These licensing boards will look into your past. They may still be able to see the record, but having the record sealed and a dismissal will look great. It serves as evidence of the court’s clearance.
A sealed record is a complete victory for the millions of jobs that do not need a special license. Most private companies use standard background check services. These services are not allowed to report sealed arrests. You can apply to a job at a large tech company or a creative agency without fear of a blunder in your early twenties. You are not going to be judged by your rap sheet; you are going to be judged by your talent and your resume.
Employment Background Checks and “Ban the Box”
You have likely heard about “Ban the Box.” This law prevents employers from seeking your criminal record at the beginning of the hiring process. However, they can still run a background check after they have extended you the job. This is the time when many miss a great opportunity. They receive the offer, the background check shows an arrest, and suddenly, the offer is withdrawn.
A background check is clean if your record is sealed. The company does not have a record of that arrest. You can sign the contract and begin your new life without any doubt. Sealing your record is not only a legal matter; it is a peace-of-mind matter. resolves or eliminates the “what if” that keeps you up at night. You can now concentrate on your career and your family without having to look over your shoulder.
Juvenile Record Sealing (Welfare and Institutions Code 781)
While you may believe that the things you did in your teens are behind you, this is not always the case. If you do not seal juvenile records, they can stick with you until you are in your thirties in Los Angeles. The arresting information for minors is still in a database somewhere. This can be remedied by filing a petition pursuant to Welfare and Institutions Code section 781.
A juvenile record can typically be sealed when the case is resolved, when the person is 18, or 5 years after the case is closed. You must also demonstrate that you are a good citizen as an adult. After the juvenile court seals your record, those youthful indiscretions are erased. This is an essential step if you wish to join the military, pursue a prestigious university, or obtain a high-level security clearance. It will ensure that your childhood does not catch up with you in adulthood.
Find a Los Angeles Record Sealing Attorney Near Me
The first step to restoring your reputation is to take action in court and ensure your past stays behind. The weight of an arrest or conviction record can be overwhelming, but with the help of a qualified criminal attorney, you could have the records sealed. Your lawyer should evaluate your eligibility, draft a compelling petition, and represent you in court to ensure your record is sealed correctly and permanently. CCLG: Los Angeles Criminal Attorney has extensive experience in post-conviction matters, helping residents throughout California secure the privacy they deserve. We understand the high stakes involved in professional licensing and competitive employment markets. An old mistake or a wrongful arrest should not limit your opportunities for another day. Contact us at 323-922-3418 to schedule a comprehensive consultation.
