CARE Act: Don't let your criminal record haunt you for the rest of your life
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Sponsored by the Gascón District Attorney, the Consumer Arrest Record Fairness (CARE) Act helps people who have been arrested, but not convicted of a crime, to ask the court to seal their arrest records, so they do not show up when an employer, landlord, or third party conducts a criminal background check. In addition, the law updates these records on a local and state basis to ensure that credit reporting agencies and the CA Department of Justice do not inadvertently release sealed arrest information.
Even though California passed a law that prohibits employers, as of 2018, from asking job applicants if they have a criminal record before making a job offer, once a job offer is made, the employer is allowed to perform a background check. The employer can make the job offer conditional on the applicant passing this verification; In other words, California employers can conduct criminal background checks on employees and job applicants, but there are laws regulating when and how they are performed.
However, having an open arrest record on your criminal record can lead to all sorts of potential problems. Many employers simply refuse to consider any applicant who has something on their record. In addition to employment, many other future opportunities require a clean background check.
More than a million people are arrested every day in the United States, and California is no exception. Sometimes charges are dropped or not even filed and the defendant goes on with life as if nothing happened. However, many of them do not know that they have to have their criminal records sealed, otherwise they will probably be haunted for the rest of their lives.
Arrests remain on your criminal record even when not convicted, so having your criminal record sealed is highly beneficial to anyone applying for a new job, enrolling in a university, or seeking new certifications or other opportunities to advance their career.
By expunging the arrest records of people not convicted of a crime, this law will weaken the barriers that prevent Californians from having employment and housing opportunities.
Why should you clear your criminal record?
In the event that you were arrested but there were no criminal charges against you; criminal charges were filed against you but were later dismissed or you were acquitted or found not guilty at trial; you were convicted of a crime, but the conviction was later overturned or set aside on appeal; or charges were dropped after successful completion of a pretrial program, you may be eligible for the CARE Act or PC 851.91.
You might be thinking that since the charges against you have been dismissed or if any of the above fit your case, you are “ready to go”. The truth is, if you don’t seal your criminal record, they will follow you wherever you go.
California PC 851.91
Pursuant to California Penal Code Section 851.91, you may have your arrest record sealed if you were not convicted of the crime for which you were arrested.
Once your criminal record is sealed under PC 851.91, it will be as if nothing ever happened. Also, if someone runs a background check, nothing will show up.
You can continue with this petition with the help of a criminal defense lawyer. He or she will help you show that you are entitled to have your arrest sealed, as it would serve the interests of justice.
In some cases, the request to seal your records could be denied, so any evidence supporting your case must be properly presented to the proper agencies effectively to increase your chance of success and a criminal defense lawyer is the person perfect to help you.
Please note that a person will not yet be able to have their criminal record sealed if they can still be charged with any of the crimes on which the arrest was based. This is also the case if the person is charged with murder or any offense for which there is no statute of limitations.
Other reasons the record will not be sealed are if the petitioner intentionally evaded police efforts to process the arrest or has been involved in identity fraud.
It is important that you contact a criminal defense expert because having a record could make it more difficult for you to find a job, pursue a career at certain colleges and universities, join some of the branches of the military, or obtain a security clearance. . In other words, it could prevent you from living your life to the fullest, which would become frustrating if it were found that you did not commit a crime.
Contact criminal defense attorney Alex Amar Kannan today. Licensed in the states of Illinois, California, and Colorado will be able to help you if you are looking to get your arrest records sealed. He works on legal cases involving immigration, criminal law, and auto accidents.