The CARE Act: A Second Chance After Expunging Your Criminal Record

The CARE Act: A Second Chance After Expunging Your Criminal Record

If you have any questions related to criminal defense, call us today at (619) 746-8879

To eliminate barriers to access to housing, employment, and credit, there is the Consumer Arrest Registry Fairness Act (CARE), which provides a second chance for those people who have been arrested but not convicted of a crime and who do not want their criminal record to haunt them for life.

This legal text is one of those that protects citizens against discrimination due to their arrest record and makes it easier for them to request before a court to seal their records, with the intention of not suffering discrimination due to their criminal record – which is public – when A potential employer, landlord or third party performs a criminal background check before hiring you for a job, renting or selling property or granting you credit, or simply contacting you for a friendship or date.

This law allows criminal records to be updated both locally and statewide, preventing credit reporting agencies and the California Department of Justice from inadvertently releasing sealed arrest information.

What does California Penal Code Section 851.91 say about sealing your criminal history?

Under California Penal Code Section 851.91, you can seal your case if an arrest did not result in a conviction. The affected person can request that a court seal those records or criminal records.

After submitting the request, if a judge agrees, the records are deleted and will no longer be available to the public. However, some government agencies can still view your sealed record.

Some laws supplement this section of the California Penal Code. For example, Labor Code Section 432.7(a)(1), which states that an employer may not require a job applicant to disclose information about an arrest or detention that did not result in a conviction and also prohibits any employer use as a factor in determining any condition of employment any record of arrest or detention that did not result in a conviction.

Who qualifies to seal an arrest that did not result in a conviction?

Under Penal Code section 851.91, you will be eligible to have your arrest record sealed in the following situations:

• If you were arrested but no charges were filed
• Charges dismissed after arrest and indictment
• Charges were completed after the diversion was completed
• Charges dismissed after completing deferred judgment (DEJ) entry
• You were found not guilty after going to trial (acquitted)

What arrest records can be destroyed?

As part of the sealing of records of arrests that did not result in a conviction, the following will be destroyed:

• Entry tokens
• Police reports
• Registration Photos
• Fingerprints

Who is not eligible to have their arrest without conviction criminal record expunged?

• Those who may still be charged with any of the crimes on which the arrest was based.
• If the arrest charge is murder or any other crime for which there is no statute of limitations, except when the person has been acquitted or found innocent of the charge.
• Petitioner intentionally evaded law enforcement efforts to process the arrest by fleeing the jurisdiction.
• Petitioner engaged in identity fraud and was charged with a crime for that act.
• The petitioner in California shows a “pattern” of domestic violence and child or elder abuse. A “pattern” is considered to be recording two or more convictions or five or more arrests in at least three years.

In what cases can your arrest records be legally used despite being sealed?

In some cases, a sealed arrest can be used legally if the individual whose criminal record was expunged is later prosecuted for any other crime or infraction.

Also, criminal justice agencies can still access and disclose a sealed arrest to other law enforcement agencies.

Sealing of arrest also does not relieve a citizen of the obligation to disclose information in a questionnaire or application for public office, employment as a law enforcement officer, obtaining a license issued by a state or local agency, or awarding a Commission contract from the California Lottery. Nor does it exempt him from the prohibition of holding public office due to the arrest if this is provided by law.

Likewise, sealing does not exempt the petitioner from any obligation to register as a sex offender or any prohibition on possession or possession of firearms.

Why should I seal my arrest records?

Sealing an arrest record can be critical in clearing your name and moving on with your life without fear of retaliation. Many people think that because the charges against them were dismissed and the case did not lead to a conviction, they will be free and their record will automatically be clean, but this is not the case.

If you do not seal your criminal record, this information will follow you wherever you go. Do not allow that by not clearing your criminal record, many personal, work, and financial opportunities will be closed to you in the future.

You should turn to an expert criminal defense lawyer for greater success guarantees. You can try it yourself, of course, but it is a cumbersome and complex procedure, and if you make a mistake, you may be denied the seal of your criminal record. Saving a few dollars can have undesirable consequences.

Additionally, there are legal details that you may not know how to handle, such as the fact that sealing applies only to a specific arrest and that a separate petition must be filed for each of those that did not result in convictions. Sealing also does not delete all of the entire history.

Kannan Law, your best ally for criminal defense in California

Our expert attorneys at Kannan Law can advise and accompany you through the complexities of any legal process in California. With the help of an expert criminal defense attorney, you will be able, by Section 851.91 of the California Penal Code, to seal your criminal record so that it doesn’t interfere with your future and you have a second chance.

Contact us now to receive personalized advice and the best guidance from a lawyer in San Diego. At Kannan Law, we are here to serve you. Call us at (619) 746-8879 or complete this form to receive a free, confidential initial telephone consultation.