Attorney for Sealing Records
Seal Your Arrest Records in California
In certain criminal cases, arrest records in the state of California for those who have been arrested but not found guilty are likely to be sealed and destroyed.
If you have ever been arrested in the state of California, you must know that you can request that your records be sealed and destroyed in this jurisdiction so that the incident with justice can be forgotten.
You must have a criminal defense lawyer’s timely and specialized advice to ensure the record is sealed. At Kannan Law, we are at your disposal to accompany you in this judicial process, which will surely restore your peace of mind.
California Penal Code Section 851.8 states that records pertaining to the arrest of an individual may be sealed, either by police or a Judge, to restrict them from public view and that only state and law enforcement agents public can access them.
These records include:
- Reservation photos.
- Court Archives.
- Computer logs.
- DOJ Records.
- Fingerprints.
- Police reports.
- Other records.
Thanks to this provision in the California Penal Code, most people have the right to have their records sealed. The only requirement is that the person be eligible and properly present the request under the law’s parameters.
Who is eligible to file a request to seal records?
California Law grants the right to individuals to have an arrest record sealed, as long as such arrest did not result in a conviction and such arrest was made within the state of California.
A person is eligible to have an arrest record sealed when they meet any of these events:
- When the prosecutor did not file charges in the required time, so the statute of limitations on each potential charge expired.
- When charges were filed but the case was dismissed in court, and those charges cannot be filed again.
- When charges were filed but the accused was acquitted at trial.
- When the defendant was convicted, but the conviction was overturned or overturned on appeal the charges cannot be refiled.
- When the case was dismissed after the defendant successfully completed a pretrial diversion program.
It is important to note that, in most circumstances, law enforcement agencies will refuse to grant your request to have your records sealed or destroyed. However, when no criminal charges were preferred against the person, you must apply to the police before filing your 851.8 petition in court.
Requesting to have the records sealed is a simple procedure that we always suggest being carried out with a specialist lawyer, such as those at Kannan Law. This will guarantee that the request will always comply with the parameters required by the law and will also be accompanied by an expert in the field.
The phases of the request are:
- Filing the petition in the same court where the arrest charges were filed.
- Celebration of the hearing.
- Issuance of court order to seal records.
At all these moments, our criminal lawyers from Kannan Law will be at your side, accompanying you and advising you to complete the request.
File a petition in court
The judicial process places the burden of showing why relief should be granted on the person seeking to have their records destroyed or sealed. Therefore, any supporting evidence must be introduced correctly and argued effectively to increase your chances of success.
Detours (PC1000 or any other deviation)
In some instances, an individual can seal their record without proving her objective innocence. When a PC1000 term or any other diversion is completed, the judge may seal the court and arrest records.
Juvenile records
Juvenile Court records may also be sealed, depending on the nature of the case.
If you have ever been arrested in the state of California and this did not result in a conviction, it is best to file a petition to seal your records. This will prevent those public records from significantly negatively affecting your opportunities to acquire a home, obtain a student loan, apply for a job, or obtain licenses that allow you to practice your profession.
In order to apply for the request to seal the records, we advise you to have the support of a team of criminal lawyers experts in California legislation, such as those at Kannan Law. They will be at your complete disposal to provide you with the support, assistance, and advice required to forget and overcome this incident with justice.
Frequently Asked Questions
What does it mean to seal a record under California Law?
Under California Penal Code Section 851.8, sealing a record means restricting public access to an individual’s arrest records. These records include booking photos, court files, computer records, fingerprints, police reports, and others. Only state and law enforcement agents can access them.
Who is eligible to file a request to seal records?
People who have not been found guilty after an arrest in California can apply to have their records sealed. This includes cases where charges were not filed in a timely manner, charges were dismissed in court, the defendant was acquitted at trial, the conviction was overturned or overturned on appeal, or the case was dismissed after completing a pretrial diversion program.
How do you make a law enforcement request to have records sealed?
To request the sealing of records, it is crucial to file a petition with the police before filing the 851.8 petitions in court. This process should preferably be carried out with the help of a specialized lawyer, such as the professionals at Kannan Law, to ensure that the petition meets all legal requirements.
What are the phases of the petition to seal records in court?
The process involves filing the petition in the same court where the arrest charges were filed, holding a hearing, and issuing a court order to seal the records. Throughout this process, it is advisable to have the advice of an expert lawyer in the field, such as the criminal lawyers at Kannan Law.
Why Get a Record Sealing Lawyer?
It is essential to have a lawyer specializing in sealing records to ensure that the request is made correctly and meets all legal requirements. This is especially important to prevent public records from negatively affecting a person’s opportunities in housing, student loans, employment, and professional licensing. The attorneys at Kannan Law are available to provide the necessary support and advice in this process.