Having a criminal record, whether it’s an arrest that didn’t lead to a conviction or a past conviction, can create significant challenges. It can affect employment opportunities, housing applications, professional licensing, and even personal relationships. Fortunately, California law provides multiple ways to limit or remove the impact of past criminal records, including record sealing, expungement, and automatic clearing under recent reforms. This guide explains everything you need to know to navigate record sealing in California.
What Is Record Sealing?
Record sealing is a legal process that restricts public access to certain criminal records, typically arrests that did not result in a conviction. When a record is sealed:
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It generally does not appear on standard background checks used by employers, landlords, and educational institutions.
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You can legally answer “no” to questions about the sealed offense in most private situations.
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Sealed records remain accessible to law enforcement and certain government agencies for specific purposes.
It’s important to understand that sealing does not erase a record entirely; it only limits who can see it publicly.
Record Sealing vs. Expungement
Many people confuse record sealing and expungement. The difference is important:
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Record Sealing: Usually applies to arrests without a conviction. It restricts public access but does not change the outcome of the case.
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Expungement: Applies to convictions and sets aside the conviction after you have completed probation or other court requirements. Expunged convictions may still appear in some limited background checks but are legally considered dismissed.
Both tools help improve your opportunities, but eligibility and effects differ.
Who Can Seal Their Record in California?
1. Arrests With No Conviction
If you were arrested but never convicted, you may be eligible to have your record sealed. This includes cases where:
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No charges were filed after the arrest.
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Charges were filed but later dismissed.
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You completed a diversion program and charges were dismissed.
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You went to trial and were found not guilty.
Eligibility generally requires that the statute of limitations has passed and no new charges are pending.
2. Automatic Record Sealing (Clean Slate Law)
California’s Clean Slate Law, effective in 2023, introduced automatic clearing for certain records, including:
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Most felony convictions after a period of crime-free conduct.
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Arrests with no conviction after three years.
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Cases where a guilty or no-contest plea is withdrawn and the charges are dismissed.
Automatic sealing helps reduce paperwork and makes record clearing easier, though processing times may vary by county.
Who Cannot Easily Seal Their Records
Some criminal records may not qualify for sealing:
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Adult convictions: Standard record sealing does not apply to convictions; expungement or automatic clearing may be needed.
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Serious crimes: Murder, rape, violent felonies, and some sexual offenses are typically ineligible.
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Special cases: Certain drug offenses and “wobblers” may require additional legal steps.
Understanding your eligibility is crucial to choosing the right path.
How to Seal a Record in California
For arrests without conviction, the process typically involves:
1. Determine Eligibility
Confirm that your arrest meets the criteria for sealing, such as dismissal of charges or completion of diversion programs.
2. Complete the Petition
Fill out the Petition to Seal Arrest and Related Records (Form CR‑409) with accurate case details.
3. File the Petition
Submit the petition to the court where the case was handled and provide notice to the prosecuting agency.
4. Probation Review
In some counties, probation may review the petition before a judge considers it. Review times vary.
5. Judge’s Decision
If approved, the court issues a sealing order, and the record is restricted at the court, law enforcement, and Department of Justice levels.
What Happens After a Record Is Sealed?
After sealing, the record:
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Is restricted from public access: Most employers, landlords, and educational institutions cannot see it.
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Remains accessible to law enforcement: Police and certain government agencies can access sealed records for limited purposes.
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May still require disclosure in some cases: Certain professional licenses, government positions, and law enforcement jobs may require disclosure even if sealed.
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Provides legal protection: Unauthorized disclosure of sealed records may carry penalties.
Sealing Juvenile Records
Juvenile records follow different rules:
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Eligible juvenile records are often automatically sealed or can be sealed through petition.
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Sealed juvenile records generally do not need to be disclosed on applications for work or school.
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Exceptions exist for military service, security clearances, or certain professional licenses.
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Serious offenses may require additional steps or may be ineligible for sealing.
Limitations of Record Sealing
While sealing is powerful, there are some limitations:
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Third-party databases: Some private background check companies may show outdated records even after sealing.
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Federal access: Federal agencies may still access sealed records for immigration, security clearance, or military purposes.
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Professional licensing: Some licenses may still require disclosure of sealed or expunged records.
Understanding these limits ensures you are prepared for potential complications.
Why You Should Seek Legal Assistance
Record sealing can improve your opportunities, but it is a legal process that must be handled correctly. Mistakes in filing, misunderstanding eligibility, or incomplete documentation can delay or prevent relief. Working with experienced legal professionals increases the likelihood of a successful outcome and ensures your records are properly sealed.
Take the First Step With Southwest Legal
If you or a loved one is looking to seal or expunge a criminal record in Southern California, Southwest Legal can guide you through every step of the process. Our experienced team can:
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Evaluate your eligibility for record sealing or expungement
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Prepare and file petitions with the court
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Communicate with law enforcement and probation departments
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Ensure your records are properly restricted and updated
Don’t let past mistakes hold you back. Contact us today to take control of your future and start fresh.
