There's a new procedure in California to seal your arrest records. This new law will be a huge benefit to anyone who has been arrested but not convicted for a crime.
This is not the same as an expungement. As I've previously written on this blog, an expungement in California does not completely hide the fact that your case ever happened. Instead, it simply changes your criminal history report so that your old conviction shows up as a dismissed case. Expungements are helpful for people who were once convicted of a crime, but later complied with probation and remained law-abiding. Once an expungement is granted, you can honestly state on most job applications that you have never been convicted of a crime.
The procedure I want to discuss today is a little different. This new law, PC 851.91, is specifically intended to help people who were arrested but NOT convicted of any crime (i.e., the DA declined to file charges, the case was dismissed, or the petitioner was acquitted by a jury).
Until now, a petitioner who wanted to seal his arrest record had the burden of proving that he was "factually innocent" of the charges for which he was arrested. That can be nearly impossible. Being factually innocent is not the same as being "not guilty". Remember, to be convicted of a crime, the DA must prove the defendant guilty "beyond a reasonable doubt". That's pretty high burden. The law doesn't define "beyond a reasonable doubt" in terms of a percentage, but most law school professors will tell you that it is probably the equivalent of being 98-99% sure of the defendant's guilt. In some cases, though, the DA might only be able to prove that the defendant is "probably" guilty (let's say, 60-75% sure). In those cases, the DA has failed to carry the burden of proof and the defendant is not guilty. That doesn't necessarily mean that he's "factually innocent", it only means that the DA could not prove the defendant's guilt with enough confidence to sustain a conviction. Under the old rule, a defendant who had beaten a criminal case and wanted to seal his arrest record basically had the burden of proving himself innocent (0% guilty), and that was extremely difficult. As a result, a lot of people were stuck in a weird, gray area -- they had never been convicted of a crime, but they still had an embarrassing arrest record.
Under the new rule, though, you no longer need to prove yourself "factually innocent" to seal your arrest record. Now, you only have to show that the arrest did not result in a conviction. If you were arrested and the DA declined to file charges, charges were dismissed, or you were acquitted by a jury, our office can help you ensure that your embarrassing arrest records and police reports are never released to the public.
Even if you were never charged or convicted for any crime, an arrest record can make your life difficult. When you apply for a job and your prospective employer runs a background check, they are going to see an arrest with no disposition. They are going to have questions about the case -- were you convicted? Were you acquitted? Did you participate in some diversion program? Good luck getting a job with those records following you around. The same problem arises when you try to purchase a firearm and your record shows an arrest for some disqualifying offense, like domestic violence or assault. Plus, it's just embarrassing. Getting arrested was probably one of the worst nights of your life. There's no reason that experience needs to be rehashed every time you submit to a background check.
There are a lot of criteria that you have to satisfy before you're eligible to seal your arrest records, and the process is a little complicated, but we can help. If you or a loved one has questions about sealing your record in California, call us for a free attorney consultation. 714 449 3335. Ask for John.
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