An arrest record can continue to affect a person’s life long after a criminal case has ended. Even when charges are never filed, dismissed, or resolved in the individual’s favor, the existence of an arrest record can create obstacles when applying for jobs, housing, educational opportunities, or professional licenses.
To address these concerns, California law provides a legal mechanism that allows eligible individuals to have certain arrest records sealed. One of the most significant laws in this area is California Penal Code 851.87, which establishes procedures for sealing arrest records in qualifying cases.
Understanding how this law works can help individuals protect their privacy and reduce the long-term consequences associated with an arrest that did not result in a conviction.
What Is California Penal Code 851.87?
California Penal Code 851.87 is a law that allows eligible individuals to request that records related to an arrest be sealed. In many situations, the law also provides for automatic relief when specific requirements are met.
The purpose of the statute is to ensure that people are not unfairly burdened by arrest records when they were never convicted of a crime or when their case ended favorably.
When an arrest record is sealed, it generally becomes inaccessible to the public and most private employers. This can provide meaningful relief for individuals seeking to move forward with their lives without the stigma often associated with a prior arrest.
Why Arrest Record Sealing Matters
Many people are surprised to learn that an arrest can appear on background checks even when no conviction occurred. While an arrest does not prove wrongdoing, the record may still influence decisions made by employers, landlords, educational institutions, and licensing agencies.
Sealing an eligible arrest record can provide several important benefits, including:
- Increased privacy
- Improved employment opportunities
- Better access to housing
- Reduced barriers to professional licensing
- Greater educational opportunities
- Protection from unfair assumptions based solely on an arrest
For many individuals, record sealing represents an important step toward rebuilding their future.
Who May Qualify to Have an Arrest Record Sealed?
Eligibility depends on the specific circumstances of the arrest and the outcome of the case. While every situation should be evaluated individually, several common scenarios may qualify for relief.
Arrests That Did Not Result in Criminal Charges
In some cases, law enforcement makes an arrest, but prosecutors later decide not to file criminal charges.
When charges are not filed and the applicable legal requirements are satisfied, the individual may become eligible to have the arrest record sealed.
Cases That Were Dismissed
Many individuals qualify for relief when criminal charges were filed but later dismissed.
Dismissals may occur for numerous reasons, including:
- Insufficient evidence
- Witness issues
- Prosecutorial discretion
- Legal challenges
- Successful pretrial resolutions
A dismissal often supports eligibility for arrest record sealing.
Acquittals Following Trial
Individuals found not guilty at trial may also qualify for relief.
Because an acquittal means the prosecution failed to prove the allegations beyond a reasonable doubt, California law recognizes that continued public access to the arrest record may be unfair.
Convictions That Were Reversed or Vacated
Some individuals become eligible when a conviction is overturned, reversed, or vacated and the case is ultimately resolved without a conviction.
Depending on the circumstances, the related arrest records may qualify for sealing under applicable California law.
Automatic Record Sealing in California
Recent criminal justice reforms have expanded access to automatic record relief in California.
In many situations, courts are required to seal eligible arrest records without requiring the individual to file a formal petition. This automatic process was designed to reduce administrative barriers and ensure that qualifying individuals receive relief even if they are unaware of their rights.
However, not all cases qualify for automatic sealing. Some individuals may still need to take affirmative steps to obtain relief through the court system.
Waiting Periods and Eligibility Considerations
The timing of eligibility may vary depending on several factors, including:
- Whether charges were filed
- The type of alleged offense
- The statute of limitations
- The procedural history of the case
Some cases become eligible after a specified period of time has passed following the arrest. Others may qualify immediately after dismissal or acquittal.
Because every case is unique, determining eligibility often requires a careful review of the individual’s criminal history and case outcome.
Situations That May Affect Eligibility
Although California law provides broad access to arrest record sealing, there are circumstances that may prevent relief.
Pending Criminal Proceedings
An individual generally cannot seal an arrest record if criminal charges remain active or unresolved.
The case must typically reach a final resolution before sealing becomes available.
Allegations of Evasion
Eligibility may be affected if there is evidence that the individual intentionally avoided prosecution by fleeing the jurisdiction or concealing their whereabouts.
Statutory Exceptions
Certain legal exceptions may apply depending on the facts of the case and the nature of the allegations.
Because these exceptions can be complex, individuals with unusual circumstances should seek legal guidance regarding their eligibility.
What Records Can Be Sealed?
When relief is granted, multiple records associated with the arrest may be sealed.
These records can include:
- Arrest reports
- Booking information
- Law enforcement records
- Court records
- Prosecutorial records
- Criminal history records associated with the arrest
The goal is to limit public access to information connected to the qualifying arrest.
Understanding the Difference Between Sealing and Destruction
The terms “seal” and “destroy” are often used together, but they do not always mean the same thing.
Sealed Records
When a record is sealed, it is removed from public access.
Most employers, landlords, and members of the public can no longer view the information through standard background checks or public record searches.
Destroyed Records
Record destruction generally refers to the elimination of records pursuant to legal authority.
Whether records are destroyed, retained confidentially, or maintained for limited governmental purposes depends on the specific laws governing the agency that possesses the records.
Benefits of Sealing an Arrest Record
The advantages of arrest record sealing can be significant.
Employment Opportunities
Many employers conduct criminal background checks during the hiring process.
Although California provides protections against certain uses of criminal history information, a sealed arrest record can further reduce the likelihood that an arrest will negatively impact employment prospects.
Housing Applications
Landlords frequently review applicant backgrounds before approving rental applications.
Removing eligible arrest records from public view can help eliminate a potential obstacle during the housing search process.
Professional Licensing
Numerous professions require licensing by state agencies or regulatory boards.
Sealing an eligible arrest record may improve an applicant’s ability to pursue professional opportunities.
Educational Advancement
Educational institutions sometimes evaluate criminal history information as part of admissions or program participation decisions.
Sealed records may help applicants avoid unnecessary barriers to educational goals.
Personal Privacy
Many individuals seek record sealing simply to protect their privacy and prevent public access to sensitive information that no longer reflects their circumstances.
How to Request Arrest Record Sealing
For cases that do not qualify for automatic relief, individuals may need to file a petition with the court.
While procedures can vary, the process generally involves:
Step 1: Obtain Case Information
Gather documents related to the arrest, including:
- Arrest date
- Arresting agency
- Court case number
- Disposition records
- Relevant court orders
Step 2: Evaluate Eligibility
Review the outcome of the case and determine whether the legal requirements have been satisfied.
Step 3: File the Appropriate Request
Submit the necessary forms and supporting documentation to the appropriate court.
Step 4: Attend a Hearing if Required
Some cases may require a court hearing where the judge reviews eligibility and considers any objections.
Step 5: Receive the Court’s Decision
If relief is granted, the court will issue an order directing relevant agencies to seal qualifying records.
Can Sealed Records Still Be Accessed?
In limited circumstances, certain government agencies may retain access to sealed records for authorized purposes.
For example, courts, law enforcement agencies, and prosecutors may have restricted access when permitted by law.
However, the general public typically loses access to records once they are properly sealed.
Record Sealing Versus Expungement
Record sealing and expungement are different legal remedies.
Record sealing generally focuses on arrests and criminal proceedings that did not result in a conviction.
Expungement, on the other hand, typically applies to qualifying convictions and allows eligible individuals to seek dismissal of the conviction after satisfying legal requirements.
Depending on the circumstances, a person may benefit from one or both forms of relief.
Frequently Asked Questions
Does Sealing an Arrest Record Mean the Arrest Never Happened?
Not necessarily. The arrest remains part of the historical record, but public access is significantly restricted once the record is sealed.
Can Employers See a Sealed Arrest Record?
In most situations, private employers cannot access sealed arrest records through ordinary background checks.
How Long Does the Process Take?
The timeline varies based on court workload, case complexity, and whether a hearing is required.
Do I Need an Attorney?
Although individuals may be able to pursue relief on their own, legal guidance can be valuable when determining eligibility, preparing court filings, or addressing objections.
Conclusion
California Penal Code 851.87 provides an important opportunity for eligible individuals to reduce the lasting effects of an arrest that did not result in a conviction. By allowing qualifying arrest records to be sealed, the law helps promote privacy, fairness, and access to employment, housing, education, and professional opportunities.
Because eligibility requirements can vary depending on the facts of each case, understanding your legal options is an important first step. Whether your charges were dismissed, never filed, or resolved in your favor, you may have opportunities available under California law to limit public access to your arrest history.
Contact Southwest Legal Today
If you are interested in sealing an arrest record or determining whether you qualify for relief under California law, the criminal defense attorneys at Southwest Legal are here to help.
Our team understands the challenges that criminal records can create and is committed to helping clients pursue the legal remedies available to them. We can review your case, explain your options, and guide you through the process of seeking record-sealing relief.
Don’t let an old arrest continue to affect your future. Contact us today to schedule a free consultation and learn whether you may be eligible to have your arrest record sealed under California law.