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.
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