Clear your record with the CARE Act
Being arrested but not convicted for a crime is something that can happen when you’re detained on probable cause in the United States. This situation means your records can be sealed and expunged, meaning that when someone checks the database—whether it’s an employer, landlord, or third party—they won’t find your criminal record.
Since 2018, in San Diego, California, the Consumer Arrest Record Equity (CARE) Act prohibits employers from requesting an applicant’s criminal background check, as the State of California seeks to offer you the greatest possible security and protection against discrimination. However, there are certain exceptions to this rule, such as a criminal background check upon hiring by the employer.
Therefore, if you have an open criminal record, anyone can view it after performing a criminal record search, and this can lead to a wide variety of problems when applying for a job, enrolling in college, or renting a property and/or vehicle. Overall, you could miss out on many opportunities that require a criminal history check.
The answer is no. They are exposed so that anyone who requests them can learn about your criminal history.
However, you don’t have to bear the burden of a minor mistake you made several years ago, as Kannan Law offers you guidance and advice on sealing your criminal records under the CARE Act, which will prevent them from appearing upon request by anyone.
Should You Clear Your Criminal Record?
If, after the crime, no legal charges are filed, the case is dismissed, or you are acquitted or found not guilty, you may be eligible for the Care Act or PC 851.91.
You may think that because you were found innocent, this fact won’t haunt you for the rest of your life, but you’re wrong. That’s why our attorneys recommend sealing your criminal record so that it doesn’t impact your future opportunities and you can live a normal, peaceful life.
Can You Seal Your Criminal Record Yourself?
Yes, you can, but we don’t recommend it, as navigating US criminal laws can be a hectic and complicated process for anyone unfamiliar with and knowledgeable in the field. Furthermore, performing this procedure incorrectly can result in you being denied the sealing of your criminal record, which could cause more complications than solutions.
With the help of an experienced criminal defense attorney, you may be able to have your criminal record sealed under California Penal Code Section 851.91.
Frequently Asked Questions
What is the Consumer Arrest Record Equity Act (CARE Act)?
The CARE Act is a California law that prohibits businesses from using arrests that did not result in convictions when making decisions related to employment, housing, or other services. Its purpose is to protect people from discrimination based on criminal records without a legal basis.
Who benefits from this law?
It primarily benefits people who have been arrested but never convicted of a crime. It also protects people whose records have been dismissed, sealed, expunged, or subject to amnesty or pardon.
What practices does this law specifically prohibit employers and landlords from engaging in?
The CARE Act prohibits inquiring about, considering, or basing decisions on arrests without convictions, unless there is a legal exception. This includes hiring, firing, promotion, and leasing decisions.
How can a person protect their rights under this law?
If a person believes they have been discriminated against due to an unconvicted arrest, they can file a complaint with the Department of Fair Employment and Housing (DFEH) or seek legal advice. It is also advisable to seal or expunge their records when possible.
When did the CARE Act go into effect?
The CARE Act was signed in September 2022 and went into effect on January 1, 2023. Since then, it has been part of the civil protections within the California Fair Employment and Housing Act.