There are many situations in which a person’s criminal record might be sealed. They might enter a diversion program in which their arrest record is supposed to be sealed after successfully completing the program. They might have their record expunged, thus supposedly removing their conviction from the record.

But what is the actual meaning of ‘sealing’ a criminal record and the subsequent implications. Unfortunately, it doesn’t translate to total obliteration of the record, raising the query: Who can view it?

At Simmons Wagner, LLP, we consider this a significant question. Read on to gain valuable insights and don’t hesitate to reach us at (949) 439-5857 for a complimentary legal consultation. We’re here to assist you in understanding more about sealing or expunging your arrest records.

Understanding “Not Convicted” in California Legal Code

Primarily, one should comprehend what the state mean by asserting someone was “not convicted”. It signifies that an individual was arrested, but they weren’t formally charged, or they were charged but subsequently acquitted at trial. Other scenarios might include convictions that were later overturned, charges that were dismissed, or instances where charges were filed but later retracted in a quid pro quo deal for charge dismissal.

What Does a Sealed Arrest Record Imply?

According to the most recent legislation, a sealed arrest record is virtually non-existent. Neither potential employers, licensing bodies, landlords, nor any third-party can access your sealed arrest record. You’re legally entitled to respond with a “no” if they ask about any previous arrest history. However, it’s crucial to understand that sealing an arrest record doesn’t equate to complete eradication from public records.

Criminal justice agencies retain access to sealed records and can disseminate the information to other law enforcement bodies, albeit it remains inaccessible to the public. You are still required to disclose the arrest if you aspire to occupy a public office, engage in a contract with the California State Lottery Commission, seek employment as a peace officer, or obtain licensure by state or local agencies. Additionally, your sealed arrest record can be utilized against you in case you face a new criminal offense.

Consequences of Unauthorized Disclosure of Your Sealed Arrest Record

You receive a certain level of protection if your record sealing request is granted, rendering your arrest record inaccessible to the public. If someone, aware of your arrest, discloses your sealed record, they could face civil penalties including fines reaching up to $2,500 per violation. Depending on the situation, you may also be entitled to sue them for compensatory or punitive damages.

As you embark on the journey to seal your arrest or criminal record, we strongly recommend consulting with a seasoned criminal defense attorney who can navigate you through the process. For a complimentary legal consultation, don’t hesitate to reach Simmons Wagner, LLP at (949) 439-5857.