WHAT IS CALIFORNIA ARREST RECORD SEALING?

Simply put, a way to get your life back.

California Arrest Record Sealing

Seal your arrest now


If you were ever arrested in California – even if you were not guilty – you may have an arrest record for the rest of your life unless you get that record sealed.

California arrest record sealing is a legal procedure that seals an arrest that did not result in a conviction – whether the charges were dropped by the prosecutor or you were only held and then released (“detention only”).  Within the State of California there are two ways a person can seal their arrest record: a “factual innocence” sealing, codified in California Penal Code Section 851.8, and a new form of relief signed into law by Governor Jerry Brown on October 11, 2017 and sometimes referred to as the Consumer Arrest Record Equity (CARE) Act. This last form of relief went into effect on January 1, 2018 and has been codified into law as California Penal Code Section 851.91.

California arrest record sealing is not a reward for rehabilitation. Rather, it is meant to destroy all records of an arrest that did not result in a conviction. Without it, you may be denied employment, housing, or a professional license for an arrest you were later exonerated of or that the District Attorney (DA) chose not to prosecute for lack of evidence, or other reasons.

Lifeback Legal, is a division of the Law Firm of Shea M. Randall. We are experienced California arrest record sealing attorneys who can help you seal your record. We understand your desire to have a confidential advocate and are here to assist you.

Sign up online today or contact our office now to speak with a California arrest record sealing lawyer today.

Get your life back
with Lifeback Legal.



Determine now if you qualify for CA arrest record sealing and sign up online today. No wait, no hassle.

    Thousands of expungements granted.

    • Case handled by California licensed attorneys.
    • Affordable, flat fees for all services.
    • Interest-free payment plans.
    • Begin for as low as $49.
    • Money-back guarantees on most services.
    • 14-day price matching guarantee.
    • 24-48 hour filing on all cases.

    California Criminal Record Expungements

    Need assistance?
    Call (888) 751-5329 for a free consultation.

     

    HOW DO I KNOW IF I QUALIFY FOR A CALIFORNIA ARREST RECORD SEALING?

    Sign up online  for a case analysis or contact one of experienced attorneys today.


    In order to qualify for either the Factual Innocence or CARE Act arrest record sealing, all of the following must be met:

    • You were arrested, but not convicted
    • Did not make a guilty or no contest plea, and
    • Did not have your case dismissed as part of an expungement procedure

    If a judge believes that you deserve it, courts sometimes grant California arrest record sealing even when they regularly do not. We can let you know if your situation is one in which it would be worth it to apply for an arrest record sealing despite having facts which are not optimal.


    Have confidence obtaining a new job


    Feel confident in a job interview that your past is truly behind you.

    California Penal Code Section 851.8:
    Factual Innocence Sealing


    Under California Penal Code Section 851.8, the person requesting their arrest record be sealed must demonstrate what is known as “factual innocence.” This means that they must demonstrate that there was no reasonable cause to believe that the person arrested committed the offense for which the arrest was made. In other words, they do not have to prove that they are innocent of the underlying offense, but that there was no reasonable grounds for the arresting agency, or police department, to believe that the person may have committed the criminal act for which they were arrested. This is very difficult to prove and has been recognized by California appellate courts as “incredibly high.” People v. Bejan Esmaili (2013) 213 Cal.App.4th 1449. The extreme difficulty of proving this is why California passed the CARE Act.

    In addition to proving factual innocence, a person must file for their arrest record sealing within two years of their arrest unless they can show “good cause” for the delay. Failing to file within the two year period makes the probability of their arrest record sealing go down even further and means that they should file as soon as possible.

    While this is a difficult standard to prove, it provides a more total form of relief for the person who was arrested. If the Court grants the factual innocence arrest record sealing, all records of the arrest – including the petition to seal it – are completely destroyed within three years of the Granted Order.

    California Penal Code Section 851.91:
    Consumer Arrest Record Equity (CARE) Act


    Broadly speaking, the CARE Act allows the sealing of records for those arrested, but not convicted of a crime in order to restore the presumption of innocence and removes barriers to employment and housing. This became effective on January 1, 2018 and was codified into law as California Penal Code Section 851.91 and establishes a uniform legal process for a updating criminal records so that credit reporting agencies and the California Department of Justice (DOJ) do not disseminate sealed arrest information. 

    Under California Penal Code Section 851.91, you are entitled to seal your arrest if the arrest did not result in a conviction. This means that the following must be true:

    • The statute of limitations has run on every offense for which you were arrested
    • The prosecuting attorney who had jurisdiction over the case has not filed an accusatory pleading based on the arrest, or
    • The prosecuting attorney filed an accusatory pleading based on the arrest, but, one or more of the following has occurred:
      • No conviction occurred, the charge was dismissed, and may not be refiled
      • No conviction occurred and you have been acquitted of the charges, or
      • A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.
    In addition, if you have been arrested two or more times, or have had five or more convictions within three years from at least one of the other convictions or arrests, and the arrests or convictions were for domestic violence, child abuse, or elder abuse then you may still file to seal your arrest record, but it is at the Court’s discretion to grant it.

    Finally, you cannot file to seal your arrest record if you were arrested for murder (or any another offense that does not have a statute of limitations in CA), you intentionally tried to evade being arrested by leaving the relevant jurisdiction, or by committing identity fraud and were later charged with identity fraud as a result.


    FREQUENTLY ASKED QUESTIONS


    Eligibility and Process


    Benefits


     

    WHAT ARE MY CHANCES OF SUCCESS?

    With us on your side, very high


    As the California appellate courts have recognized, an arrest record sealing under the Factual Innocence standard has a low likelihood of success given the high standard it imposes. However, if you believe you have a case for factual innocence, then it may still be worth pursuing. No one should suffer for an arrest that had no reasonable basis or for a crime they never in fact committed.

    Under the CARE Act, the likelihood of success goes up significantly unless you have a repeated pattern of domestic violence, child abuse, or elder abuse.

    At Lifeback Legal, we are attorneys who fight for results and have obtained California arrest record sealing for numerous clients. We will fight for results and vigorously represent you and your case from any overzealous prosecutors, judges, and probation officers who oppose your California arrest record sealing. We are here to help you get your life back.

    Sign up online today or contact our office now to speak with a California arrest record sealing lawyer today.

    California Arrest Record Sealing

    Founding Attorney, Shea M. Randall

    Get your life back
    with Lifeback Legal.



    Determine now if you qualify for CA arrest record sealing and sign up online today. No wait, no hassle.

      Thousands of expungements granted.

      • Case handled by California licensed attorneys.
      • Affordable, flat fees for all services.
      • Interest-free payment plans.
      • Begin for as low as $49.
      • Money-back guarantees on most services.
      • 14-day price matching guarantee.
      • 24-48 hour filing on all cases.
      California Criminal Record Expungements

      Need assistance?
      Call (888) 751-5329 for a free consultation.

       

      HOW DO I GET STARTED?

      Once you hire us, Lifeback Legal handles everything for you.


      California Arrest Record Sealing

      Shea M. Randall

      Founding Attorney

      The entire process for a California arrest record sealing takes anywhere from several weeks to a few months, depending on the case load involved in the court in which you must file. This is why we expedite your filing within 24-48 hours to get it submitted to the court as quickly as possible.

      Once filed, the prosecutor will be given time to respond. After the prosecutor responds, it then goes before the judge. We will represent you at all required hearings and you will not be required to attend.

      Lifeback Legal is a division of the Law Firm of Shea M. Randall, a trusted California Law Firm. We specialize in helping individuals get their life back with California criminal record expungements and federal licensing services.

      When you contact our office you will be in direct contact with our founding attorney, Mr. Shea M. Randall. Mr. Randall provides outstanding one-on-one communication with clients to ensure all of your legal needs are met.

      We are a full service Law Firm — from gathering documentation, hand-crafting petitions, and dealing with the headache of the Courts.

      Sign up online today for a case analysis or contact our office today at (888) 751-5329.


      Arrest Record Sealing
      $999*
      Payment Options Available. Begin For Only $49
      Flat fee. Transparent pricing.
      Sign up for Case Analysis

      INCLUDES THE FOLLOWING:

      • An attorney attends all required hearings on your behalf
      • Case handled 100% by a California Licensed Attorney
      • Payment Options Available
      • Expedited Filing
      • Fixed, Flat Fee
      • Takes 6-12 Weeks
      • Outstanding Customer Service

      * Price quoted is for the CARE Act. A Factual Innocence arrest record sealing requires more legal work and so is priced at $1, 225.00.

       

      WHAT ARE THE BENEFITS OF ARREST RECORD SEALING?

      Your Life Back

      You can expect to get your life back. Once your arrest record is sealed it will no longer haunt you and you can finally put the past behind you. Studies have found that approximately 40% of men and 20% of women were arrested before the age of 23, yet 47% were never convicted.  Another study shows that approximately one-third of felony arrests did not lead to conviction.  Moreover, African Americans, who account for less than 14% of the population, make-up 28% of all arrests.  Thus, the impact of unsealed arrest records has a disproportionate effect on African Americans.

      Specifically, under a Factual Innocence arrest record sealing, all records of the arrest – including the petition to seal it – are completely destroyed within three years of the Granted Order. Under the CARE Act, all records of your arrest will be removed from your criminal record report. The only exception to this is that known as “criminal justice agencies,” such as the District Attorney will still be able to see it. For the vast majority of people, however, this is not a problem since their arrest was an isolated incident or an issue of their past that is no longer a problem. 

      California Arrest Record Sealing

      Enjoy your life again


      Opportunities, success, and peace of mind. Join the 1000+ clients that have expunged their criminal records with Lifeback Legal, your leading post-conviction relief law firm.

      Get your life back
      with Lifeback Legal.



      Determine now if you qualify for CA arrest record sealing and sign up online today. No wait, no hassle.

        Thousands of expungements granted.

        • Case handled by California licensed attorneys.
        • Affordable, flat fees for all services.
        • Interest-free payment plans.
        • Begin for as low as $49.
        • Money-back guarantees on most services.
        • 14-day price matching guarantee.
        • 24-48 hour filing on all cases.
        California Criminal Record Expungements

        Need assistance?
        Call (888) 751-5329 for a free consultation.