Daily DUI Blog | California

Under Penal Code Section §851.90 et seq ., a person arrested who later has their case dismissed can petition the court to seal their arrest records. Many times people are arrested and subsequently never charged with a crime, or they are arrested and the District Attorney’s office dismisses their case due to the advocacy of their attorney. In these instances, the client can petition the court to have their arrest sealed. Moreover, if the client enters a diversion type of program or alternative sentencing scheme which will ultimately result in a case dismissal, they can have their arrest records sealed. Upon the judge granting this request, the sealing of an arrest will include the removal of the arrest from the arresting agencies local criminal history; the arrest will be sealed and stamped: “ARREST SEALED: DO NOT RELEASE OUTSIDE THE CRIMINAL JUSTICE SECTOR.” If this arrest is disseminated to the outside public that party is subject to a $500- $2,500 civil penalty.