A common question is understanding the key difference between expunging and sealing a record. When you're arrested, charged, or convicted, these court actions are part of the public record and can be accessed through employer background checks or criminal record searches
Even once you are cleared of any misconduct or have completed your sentence, these records can still affect your life considerably. Sealing or expunging them essentially makes them inaccessible to the public, offering a new beginning and a chance to rebuild.
Under California Penal Code 1203.4 PC, an expungement is a legal process that occurs after an individual has pleaded guilty to a criminal charge and completed their probation.
They then return to court to ask a judge to expunge their record. If approved, this can change a criminal record from indicating a conviction for a certain charge to showing that the charge has been "dismissed, pursuant to PC 1203.4."
Although this process may seem challenging, it is a legal right that can bring relief, a new beginning, and an opportunity to rebuild your life.
Penal Code 851.91 PC
Under Penal Code 851.91 PC, you are allowed to seal your arrest if it did not lead to a conviction. Sealing an arrest involves a Judge deciding that the arrest never occurred for you. Consequently, your record would not display any conviction or proof of arrest.
It essentially resets the incident as if it never occurred. You don't need a criminal conviction to seal your record. Nonetheless, you can still apply for this relief even if the court dismissed your case under a deferred entry of judgment. You may seal any evidence of arrest or detention from your record as long as there is no criminal conviction associated with it.
In criminal record management, the terms "expungement" and "sealing" are frequently used interchangeably, but they are actually distinct processes. Both aim to mitigate the effects of a criminal record by restricting public access, yet they differ significantly in their procedures and outcomes.
Different states use various methods to clear a person's criminal record. First, let's clarify the key difference between expunging and sealing a record. Then, we'll explore how California handles this process and what you can expect if you're seeking to have a criminal or arrest record removed from public access.
What Does Expunging a Record Mean?
Expungement is a legal process that effectively erases a person's criminal record, making it appear as though the offense never occurred. Once a record is expunged, it generally does not need to be disclosed in most circumstances, like job applications or rental agreements.
In true expungements, the record is permanently destroyed and no longer exists. Nonetheless, in states that allow expungement, some government agencies and law enforcement might still access the expunged record under certain conditions.
Eligibility for expungement depends on the jurisdiction, but generally requires the completion of the sentence, including any probation, and no subsequent convictions. The type of crime also matters; more serious offenses are usually less eligible for expungement.
What is the Content of PC 1203.4?
Penal Code 1203.4 PC says, "(a) (1) When a defendant has fulfilled the conditions of probation for the entire period of probation or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interest of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation if they are not then serving a sentence for an offense, on probation, or charged with the commission of an offense, be permitted by the court to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty.
The court shall set aside the guilty verdict and shall thereupon dismiss the accusations or information against the defendant. Except as noted below, the defendant shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted…"
What Does Sealing a Record Mean?
Sealing a record, unlike expungement, involves making it inaccessible to the public while it remains on the system; it is not permanently erased.
This indicates that the general public, such as employers and landlords, cannot view the offense details. However, unlike expungement, sealed records remain accessible to law enforcement, courts, and certain government agencies. As a result, they can still impact legal rulings or security clearance assessments.
Like expungement, eligibility for sealing depends on various factors, including the type of crime and the completion of sentencing requirements.
Penal Code 851.91 PC says, "(a) A person who has suffered an arrest that did not result in a conviction may petition the court to have his or her arrest and related records sealed, as described in Section 851.92."
What Approach Does California Take?
In California, a true expungement isn't available. However, many individuals can have their negative court records sealed from public view once certain conditions are fulfilled or after a set period.
This approach reflects California's progressive stance on rehabilitation and reducing recidivism. State law allows the sealing of arrest records and specific convictions, especially when individuals demonstrate rehabilitation or when arrests do not result in convictions.
Sometimes, records are sealed automatically; other times, you need to petition for sealing. However, certain serious crimes, like sex offenses, child pornography, arson, or murder, can never be sealed.
What Does the Clean Slate Law Entail?
California's "Clean Slate Law" (SB 731), which took effect on July 1, 2023, streamlines the process of sealing records for thousands of defendants. This legislation aims to promote fairness and justice by automatically sealing the criminal records of individuals who have served their sentences and remained conviction-free for a designated period.
Under this law, individuals who have finished their sentence and remained conviction-free for a certain period automatically have their criminal records sealed. Typically, misdemeanors are sealed one year after completion, while felonies are sealed four years later. For both types, records are sealed immediately after finishing probation.
The law mandates automatic sealing of arrest records when no charges are filed. However, it excludes serious crimes such as sex offenses, child pornography, arson, or murder from sealing, whether automatically or upon petition.
Seeking help from a California criminal defense attorney to have your records sealed is essential. An attorney can provide the guidance and support necessary during the process, ensuring your rights are protected and you achieve the best possible outcome.
If the automated record sealing process isn't applicable or you want to clear your record sooner, you can petition the court to do so. It's recommended to consult an attorney experienced in criminal record sealing to ensure you follow the correct procedures and submit accurate information. Contact us for more details—Cron, Israels & Stark, based in Los Angeles, CA.
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