How Can Sealing Your Arrest Record Pursuant to Penal Code section 851.91 Help You?

SB-393 became effective on January 1, 2018 and permits a person to petition to have his or her arrest and related records sealed upon a showing that the arrest did not result in a conviction and the statute of limitations for filing charges has run pursuant to Penal Code section 851.91.

A qualifying person is entitled to relief as a matter of right unless the offense upon which the arrest was based involved an allegation of domestic violence, elder abuse, or child abuse, in which case the person must show that sealing of the arrest record would be in the interests of justice.

Almost one year has passed since this statute has become effective and it has proven to be very beneficial for people that want to “clean their record.”

A petition under Section 851.91 can have a beneficial impact on employment prospects, immigration matters, and for qualifying for housing. Once your arrest is sealed under this Section, it is a civil penalty for someone to disseminate this information.


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