Record sealing is a legal process that can help individuals to clear their criminal records and move on with their lives. In California, certain crimes can be sealed from public view, which means that the records of these charges and convictions are not available to most employers or landlords. To be eligible for record sealing, the individual must have completed their sentence, including any probation or parole, and any fines must have been paid.
At California Criminal Lawyer Group, we can provide the guidance and representation necessary to help you seal your records and clear your criminal histories. Our experienced attorneys have a comprehensive understanding of California’s laws and aim at providing competent legal representation to individuals charged with criminal offenses in Santa Ana, California.
Who Can Have Their Records Sealed in California?
To be eligible for record sealing in California, an individual must meet certain criteria. For most crimes, the individual must have completed all aspects of their sentence, including any probation, parole, fines, and/or restitution. Depending on the type of crime, the individual may also need to wait for a period before being eligible for record sealing.
The individual must not have any pending criminal cases or arrests or be on probation or parole for any other crime. He/she must also not have been convicted of certain serious or violent felonies such as murder.
In addition to completing their sentence, an individual must be able to show that they have been rehabilitated and that they are a law-abiding citizen. This includes not having any new arrests or convictions in the past three years.
Who is not Eligible for Criminal Records Sealing in California?
California law allows certain criminal records to be sealed, which can help to mitigate the potential impact of a criminal record. However, certain people are not eligible to have their records sealed. Those who are not eligible to have their record sealed in California are convicted of any of the following:
- Any felony offense listed in Penal Code section 1192.7 (c), (d), or (e). These offenses include rape, child molestation, murder, and other serious felonies.
- Any felony offense listed in Penal Code section 667.5 (c). These offenses include certain sex crimes and violent felonies, such as kidnapping, assault with a deadly weapon, and human trafficking.
- Any felony offense listed in Penal Code section 1203.4 (a). These offenses include certain kinds of fraud, burglary, or theft offenses.
- Any felony offense listed in Penal Code section 186.22. These offenses are various gang-related crimes.
- Any felony offense that is considered a strike under California’s Three Strikes Law.
- Any felony offense for which the defendant was found to have used a firearm when committing a crime.
- Any offense that the offender is required to register as a sex offender under Penal Code Section 290.
These are only some of the offenses that may make someone ineligible to have their record sealed. There may also be other factors that may make someone ineligible, such as an outstanding warrant or current criminal charges.
The Benefits of Record Sealing
By having your records sealed, you can protect your rights, your privacy, and your reputation. Other major benefits include:
Improved Employment Opportunities: Having your records sealed can help improve your chances of getting a job or promotion. Many employers perform background checks, and if they find that you have been convicted of a crime, you may be seen as less reliable or trustworthy by the employer. But if the conviction is more than 10 years old and has already been sealed, potential employers will not see it on your record when conducting background checks.
Education Opportunities: With a criminal past it can sometimes be difficult to obtain educational opportunities such as scholarships or admission into specific schools and programs where admissions are based on one's history in addition to their academic performance/qualifications; however having those convictions sealed will protect this part of one’s past from being revealed during an admissions process allowing for equal opportunity educationally regardless of criminal history.
Protection Against Discrimination: Being charged with a crime does not necessarily mean that someone is guilty; however in many cases, people who have had charges brought against them face discrimination due to stigma associated with criminality even if there was no conviction made afterward (i-e housing rejections). Those individuals might benefit from having their records sealed so that prospective landlords/employers do not discriminate against them solely because they have faced charges even if there was no conviction.
Peace of Mind: Having your records sealed can provide peace of mind knowing that your criminal history will not be used against you in any way; it is important to note however that having a record sealed does not mean the record is destroyed or erased, but rather just hidden from public view meaning authorized personnel may still access the information.
What is the Process of Record Sealing in California?
Record sealing in California is a multi-step process that must be done properly for it to take effect. The process can vary depending on which court you request your record seal from, as well as what type of crime you have been convicted for. However, the common steps of record sealing include:
Determine Eligibility: Before you begin the record sealing process, you must first determine if you are eligible to do so. The type of crime and its severity will play a major role in deciding whether or not your record can be sealed, as well as how much time has passed since the conviction occurred. Some crimes require waiting periods of up to 10 years for an individual's records to become eligible for sealing while other offenses may never make it possible at all; this is why determining eligibility is one of the most important steps when beginning the process.
Gather Documentation: After confirming that your criminal record qualifies for sealings, then it’s time to gather any relevant documents that could help support your petitioning efforts such as police reports from prior arrests related to this conviction and proof that any court-ordered terms have been met (such as probation). These documents must be provided alongside any applicable filing fees before applying with a specific court where this offense was originally adjudicated within California state jurisdiction.
File the petition: Once you have all of the necessary documents and filing fees ready, the next step is to fill out a petition for record sealing. This document should include your name, address, date of birth, and other identifying information as well as details about the crime in question. It will also need to explain why you are seeking a record seal. For example, whether it’s due to expungement or if this was part of a plea deal that was offered by prosecutors during trial proceedings
File with the court: After completing and signing off on your petition for sealing records, then it needs to be filed with the appropriate court where this offense occurred within California state jurisdiction. It can either be county or superior courts depending upon what type of crime is being sealed. Filing fees may apply at this stage so make sure these are taken into account beforehand when budgeting.
Wait for decision: The last step in getting your criminal records sealed is waiting for a decision from judges presiding over these particular cases; they will review all submitted documentation before making their final determination although decisions can take anywhere between two weeks up until several months depending on an individual case's complexity. Regardless of how long it takes, once approved the record sealing process is complete and your records will be sealed.
Attend the Hearing: In some cases, a hearing may be necessary for judges to determine whether or not an individual’s record should be sealed. The applicant will need to appear before the court and explain why they believe their records should be sealed as well as answer any questions that might come up during this process
Juveniles Record Sealing in California
There are two ways for minors (under 18 years old at the time of offense) who qualify for juvenile adjudication (adjudicated delinquent by a judge), either through an informal probation supervision agreement outside of court where only one hearing was held or through more formal hearings following delinquency petitions filed against them in court, to have their records sealed.
The first way is by filing a Petition with the juvenile court that originally handled the proceedings. This petition must be accompanied by an affidavit detailing specific circumstances of the case such as age at the time of the offense, no new offenses since adjudication or probation termination, and all terms and conditions of probation being met (if applicable). The petition will then go through a review process which may take up to 90 days before approval or denial is granted. Once approved, record sealing will occur automatically unless any objections are raised during this waiting period.
The second way involves using a Certificate of Rehabilitation (COR) from the Adult Probation Department whereby minors can petition for CORs once they reach 18 years old instead of going through the process beforehand if certain qualifications are met such as completion/termination/dismissal from juvenile probation before turning 18; good moral character; successful rehabilitation & reintegration into society; employed full-time/. If these criteria are fulfilled then COR can be received within 1 year after completing all requirements associated with it including submitting necessary documents like proof of employment history etc., along with fee payment. After obtaining the COR document one must also apply for Governor’s Pardon to officially seal the record.
What Happens When your Criminal Records Are Sealed?
When a criminal record is sealed, the public can no longer access information about it. This means that employers and members of the public who conduct background checks will not be able to find out any details regarding your conviction or arrest. Sealing a record also prevents certain government agencies from accessing this information.
Apart from giving individuals the chance to move on with their lives without having their past mistakes follow them, sealing records also helps restore civil rights that were previously taken away due to conviction. For example, someone who has had their record sealed may now be able to vote.
However, note that if you apply for jobs in fields such as healthcare or education, where more thorough screening processes are common, there’s still potential for these charges to come up during review processes even if they’ve been sealed elsewhere. Also note that even when records are sealed, they can still be used in certain circumstances, such as if you're facing a new criminal charge or applying for a professional license.
What to do If the Court Declines your Petition to Have Your Records Sealed
If you have petitioned the court to seal your records, but the court declines your request, it can be a disheartening situation. However, there are some steps you can take to move forward and protect yourself from potential issues related to having an unsealed record.
Understand why the Court Declined your Petition: The first step is understanding why the court declined your request for sealing records. In some cases, this may be due to procedural or filing errors on behalf of either side that prevented a full review of all materials by the judge or magistrate presiding over proceedings. It could also be due to more substantive reasons such as not meeting certain criteria set forth under state law for granting requests like yours. Try to understand what went wrong about submitting/presenting evidence at trial so that if any mistakes were made, you can rectify them during future attempts at having your record sealed.
Consider Appealing: If possible and if applicable (for instance, depending on where/how far along proceedings are), you may attempt to appeal with higher-level courts (such as a state or federal appeals court). However, in most cases, such an approach would be costly and time-consuming given the intricacies involved with appellate work including filing fees, brief writing/argumentation requirements, etc. Additionally, it may also require assistance from legal professionals who are familiar with and experienced with this type of procedure.
Seek Other Forms of Relief: Depending on the situation, another possible resolution could involve seeking out other forms of relief such as expungement or even pardon from executive authorities. Additionally, many states have laws that allow individuals with certain types of convictions (such as non-violent offenses) pursuant eligibility requirements depending on the amount of time since their conviction was finalized. By taking advantage of these laws which can either limit access or even remove them altogether from public view then one can begin rebuilding their life without worrying too much about any past missteps being held against them forever in a court system somewhere.
Can Sealed Records be Used Legally in California?
A sealed arrest record indicates that there was an incident with law enforcement but no conviction was made and therefore cannot be used against them in most contexts. However, even though a person's criminal history may have been sealed from public view by the courts, it does not mean that their records do not exist at all; they are still available to specific people and agencies under certain conditions as outlined below:
Law Enforcement Agencies: The most common use of sealed arrest records is by law enforcement agencies, who can access the information for investigative purposes or to make decisions about hiring and promotions.
Screening by Government Agencies/Licensing Boards: Certain government entities such as licensing boards may still be able to access a person's sealed arrest record when determining whether they are eligible for certain positions or licenses that require additional scrutiny due to their nature (e.g., jobs dealing with vulnerable populations).
Immigration Proceedings: Sealed arrest records can also be used in immigration proceedings; either as evidence against an individual seeking entry into the U..S or as part of an application process; if relevant information pertaining directly to their criminal history is discovered during an investigation.
Civil Proceedings: Sealed arrest records can also be used in civil proceedings, such as personal injury or wrongful death cases, if the information is deemed to be relevant to the case and it is determined that its use outweighs any prejudicial effect it may have on a party.
Are Record Sealing and Expungement Different?
Yes. Although expungement and record sealing both have similar goals; to clear a person’s criminal history from public view, they go about it in different ways. They are two separate legal processes that can be used to reduce or eliminate a person’s criminal history.
Expungement is defined as “the process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges which resulted in either an acquittal (not guilty) verdict, dismissal of charges after filing by the prosecutor or conviction following completion of probation without jail time as part of the sentence." This means that if you were charged with a crime but never convicted then you may be eligible for an expungement. Expunged records are destroyed so there is no trace left on your permanent record; however some court orders may still exist even after your case has been expunged such as restitution orders, deferred sentences, etc., though these will not appear on background checks conducted by employers, etc.
On the other hand Record Sealing removes court documents from public access; meaning employers cannot search for them online anymore nor will potential landlords be able to see them. However, the records still exist and will still show up in certain criminal background checks such as those conducted by law enforcement agencies. This means that if a person is arrested for a new crime, the sealed record may come back into play when determining their sentence or other consequences of their actions.
What is the statute of limitation to seal my criminal record in California?
The statute of limitation to seal your criminal record in California depends on the type of offense you were convicted for. If you have been convicted of a misdemeanor crime, then you must wait at least three years from the date of conviction before filing a petition with the court to seal your criminal record. If it was a felony conviction, then usually five years must pass before filing such an application. However, certain offenses require longer waiting periods and other restrictions may apply depending on circumstances unique to each case.
How Long Does the Process of Record Sealing Take?
It takes around three to six months for a record sealing petition to be processed in California. The exact timing depends on many factors, including whether there are any objections raised during the hearing; how many documents need filing; and whether additional court hearings may be required due to unusual circumstances or complications that arise during the processing of your application.
What to do If Someone Discloses Your Sealed Records
If someone unauthorized accesses or discloses sealed records without permission, even if they were previously accessible, it is considered a crime that carries potentially severe penalties for those responsible.
Disclosing sealed records can attract one-year detainment in county jail and/or a fine of up $1,000 per violation; additionally, any profits gained from the disclosure may also be subject to forfeiture upon conviction by a court of law.
In addition, you may also have cause for filing suit against those responsible under tort laws related to negligence or breach-of-privacy claims depending on how they obtained access to your information and what type was disclosed without permission; potentially resulting in significant compensatory damages being awarded if successful. In cases where malicious intent was involved then punitive measures could apply as well depending on the circumstances.
Find a Criminal Defense Lawyer Near Me
Record sealing allows you to move forward with your life without having to worry about the stigma of a criminal conviction hanging over you. At California Criminal Lawyer Group, we have the experience and knowledge to help those with criminal convictions obtain record sealing. We have successfully defended many clients who have found themselves in a situation of having to face criminal charges in Santa Ana California, and we can use the same strategies to help you too. Contact us today at 714-844-4151.
