Does an Arrest Stay on Your Record Forever?
Yes, in many cases, an arrest can stay on your criminal records forever if you don’t take action to clear it. Even if no charges were filed, or the case was dropped, the arrest record may still show up on background checks. That includes searches by private background check companies, law enforcement, and state licensing agencies.
California law changed in recent years to allow more people to seal or expunge arrests. But unless you go through the legal process to seal or clear your court file, the record remains public. That means a potential employer or landlord may see it, even if you were never found guilty of a crime.
The good news is, under certain conditions, the law lets you remove the arrest. But the process isn’t automatic. You must meet the requirements and follow the steps to request that the court clear your arrest records.
Options for Removing an Arrest From Your Record in California
In California, there are a few ways to remove an arrest depending on what happened in your case. The process varies if you were charged, if charges were dropped, or if you completed a program. Here are your options:
Arrest Expungement (If Charges Were Filed and Dismissed)
If you were arrested and criminal proceedings were started but then the charges were dismissed, you may be able to get the record expunged. Expungement helps clear your criminal records, which can improve job and housing prospects.
You usually qualify if the court case didn’t end in a conviction. That means no guilty plea, no trial verdict, and no admission of guilt. The court will review your request and decide whether to grant it.
This process can take time and may require a court hearing. You might also need to submit court forms, pay a filing fee, or request a fee waiver if you can’t afford it. A certified copy of the court’s dismissal order may also be needed for your request to move forward.
Sealing an Arrest Record Under California Penal Code § 851.91
California Penal Code § 851.91 allows people who were arrested but not convicted to ask the court to seal their arrest records. This law is meant to protect people from being judged for an arrest that led nowhere.
To qualify, you must show that the criminal case ended without a conviction. That includes situations where you were never charged, the statute of limitations expired, or the charges were dismissed. Sealing makes the arrest record invisible to most employers, landlords, and agencies.
You must file a petition with the court, include your court records, and give notice to the district attorney. If no one objects, the judge may approve the request. Once sealed, the arrest will not show up on most background checks, except in rare situations involving law enforcement or certain government clearances.
Factual Innocence Petition (Penal Code § 851.8)
If you believe you were wrongly arrested and can prove you were innocent, you may be able to file a petition for factual innocence under Penal Code § 851.8. This is the most powerful way to remove an arrest, but it also has the highest standard.
You must show that no reasonable cause existed for the crime charged. That means proving, with solid evidence, that you did not commit the act that led to the arrest. It’s not enough that the case was dropped, you must go further to prove your innocence.
If the judge agrees, they will issue a court order stating you were factually innocent. Your arrest records will then be sealed and destroyed. This process often requires legal help, as it involves deadlines, legal arguments, and convincing the court with clear documents.
When Are You Eligible to Seal an Arrest Record?
You may be eligible to seal your arrest records in California if your case ended without a conviction. The law provides several specific situations where sealing is allowed, even if the arrest remains in your court file.You Were Arrested But Never Charged
If you were arrested but the district attorney never filed charges, you can request to have your arrest records sealed. In this situation, no criminal case was opened, and your name stayed on record only because of the arrest.
This is one of the most straightforward cases. The law recognizes that people shouldn’t be judged for an incident that never went to court. Even without a court hearing, that arrest can still appear on background checks, which may affect your job search or housing applications.
You will need to file the right court forms and submit them to the court clerk. There may also be a filing fee, unless you qualify for a fee waiver. Once the request is submitted, the court will review it and, in many cases, grant the court order to seal the record.
Charges Were Dismissed or You Were Acquitted
If charges were filed but later dismissed, or if you went to trial and were acquitted, you are also eligible to seal your arrest records. In these situations, the court recognizes that you were not found guilty and gives you the chance to clear your record.
This process can apply to both misdemeanor convictions that were reversed and to cases where the jury found you not guilty. The goal is to reduce the long-term impact of an arrest that ended without a conviction.
You’ll still need to file a petition with the court, include a certified copy of your case results, and possibly attend a court hearing. If the judge agrees, the court order will seal the record, and it will no longer appear in most searches or on a criminal history report.
You Completed a Pretrial Diversion Program
If you entered a pretrial diversion program and successfully completed it, you may qualify to have your arrest records sealed. This option is common in cases involving first-time offenders or minor charges.
Diversion programs often include classes, counseling, or community service. When you complete the program, the charges are dismissed, and under California law, you’re treated as though you were never convicted.
However, the arrest record may still remain visible unless you take extra steps to seal it. You must file a petition with the court, include any paperwork that shows program completion, and serve notice to the district attorney.
Once sealed, the record won’t appear on background checks by most private employers or state licensing agencies, and you can legally state that you have not been arrested, except in specific cases like applying for public office or security clearance.
Statute of Limitations Has Expired and No Charges Were Filed
If you were arrested, but the statute of limitations expired and no charges were ever filed, you can request to seal your arrest records. This means too much time has passed for the district attorney to legally file charges, and you can now clear your name.
For most misdemeanors, the statute is one year. For some felonies, it can be three years or longer. If that time has passed, and there are no pending charges, you have the right to ask the court to seal the arrest.
You will need to submit the correct court forms, explain that the legal time limit has expired, and serve a copy to the prosecuting agency. A court hearing may or may not be required. If approved, your arrest record will be sealed and treated as if it never existed.
When Are You NOT Eligible to Seal an Arrest Record?
While California law makes it possible to seal many arrest records, there are certain situations where you’re not allowed to do so. These exceptions are important, especially when your case involves a felony conviction or serious allegations.
You Were Convicted of the Crime
If your arrest led to a conviction, you are not eligible to seal the arrest record, even if it was for a minor offense. Once the court finds you guilty, that becomes part of your criminal history, and you must go through a different process, like record expungement, instead of sealing.
This rule applies whether your conviction was from a plea deal, a jury verdict, or a guilty plea entered during court proceedings. Even if you served probation or paid all court charges, the conviction remains and blocks you from sealing the arrest.
However, you may still qualify for expungement depending on the type of offense and whether you completed your sentence. It’s important to check with a lawyer to see what options remain, especially for misdemeanor convictions or certain lower-level felony convictions.
The Arrest Was for a Pattern of Domestic Violence, Child Abuse, or Elder Abuse
California law places limits on sealing arrest records in cases involving patterns of serious offenses, especially those tied to domestic violence, child abuse, or elder abuse. If the court believes that you’ve had multiple arrests for these crimes, even if charges weren’t filed or were later dropped, you may not qualify to seal the record.
This applies when law enforcement documents show repeated arrests for the same type of conduct, and the district attorney can show a pattern of behavior. In these cases, the judge may deny your request, even if you weren’t convicted.
If you try to seal the record, you’ll likely face a court hearing, where the prosecuting agency can argue against sealing. This type of exception is based on public safety concerns and is written into the sealing law to allow access to records when someone shows a pattern of abuse.
How to Seal an Arrest Record in California
Sealing an arrest record in California requires following specific legal steps. The process isn’t automatic, and you must prove that you qualify under the law.
Here are the important parts of how to request that the court seal your criminal records.
File a Petition With the Superior Court
The first step is to file a formal petition with the Superior Court in the county where the arrest happened. This petition asks the court to seal your arrest records, and it must follow the requirements of California Penal Code § 851.91.
You’ll need to complete the correct court forms and include basic information about the arrest, including the crime charged, the arrest date, the law enforcement agency involved, and whether charges were filed. If you don’t file in the right court, or if the forms are incomplete, your petition may be rejected.
Some counties allow you to submit these forms online, while others still require in-person filing at the court clerk’s office. You may also have to pay a filing fee, though a fee waiver may be available based on your income.
Include Supporting Documents
Along with your petition, you must include documents that prove you qualify to seal your record. These may include a certified copy of the court order dismissing the case, a letter from the district attorney saying charges were never filed, or proof that the statute of limitations has expired.
If you completed a pretrial diversion program, you may need to include records showing full compliance. If you’re seeking to prove factual innocence, that will require stronger evidence, like police reports, witness statements, or dismissal documents.
Supporting paperwork is crucial. The court uses these documents to decide if you meet the legal standards. Missing or incomplete paperwork may lead to delays, a court hearing, or a denial.
Serve the Prosecuting Agency
After filing your petition and documents, you must also serve the prosecuting agency, usually the district attorney’s office in the county where the arrest took place. This gives the government a chance to respond or object.
Service means providing official notice. In most cases, this involves mailing or hand-delivering a copy of your petition and all attachments to the district attorney. You may need to complete a proof-of-service form to show the court that this step was done correctly.
The DA’s office can choose to oppose your request, especially in cases involving pending charges, repeated arrests, or public safety concerns. If they object, the judge may schedule a court hearing to hear both sides.
Attend a Hearing (If Required)
In many cases, the court may seal the record without a hearing if everything is in order and no one objects. But if the district attorney files an objection, or if the judge has questions, you may need to attend a court hearing.
At the hearing, you or your attorney will explain why you meet the legal standards to seal your arrest record. The judge may ask questions about your criminal history, any pending charges, or your supporting documents.
If the judge agrees, they’ll issue a court order to seal the record. You’ll receive a certified copy confirming that your arrest record is sealed. If denied, you may still be able to appeal or file again later, depending on the reason.
What Happens After Your Record Is Sealed?
Once the court approves your petition and issues a court order to seal your arrest record, several important changes take place. These changes affect how your record is viewed, who can access it, and what you’re legally allowed to say about your criminal history.
The Arrest Is Treated as Though It Never Happened
Once your record is sealed, California law treats the arrest as though it never happened. That means it is removed from most criminal records, court records, and other public documents, making it invisible to private employers, landlords, and most state agencies.
The court updates its court file, and law enforcement agencies are notified to update their own databases. While the arrest record technically still exists, it is not available to the general public, and it cannot be used against you in most background checks.
This is one of the most powerful parts of record sealing. It gives you the ability to move forward in life without an old arrest holding you back, especially in situations involving housing, employment, or education opportunities.
You Can Legally Say You’ve Never Been Arrested (With Some Exceptions)
Once your arrest record is sealed, you are legally allowed to answer “No” if a job application asks whether you’ve ever been arrested. This applies to most job interviews, housing applications, and school forms. The law gives you the right to speak as if the arrest never happened.
However, there are a few exceptions. You may still be required to disclose the arrest if you apply for certain jobs, such as working in law enforcement, seeking a security clearance, or applying for a position with a public office. Some state licensing agencies may also have access to sealed records during background checks.
In general, though, sealing gives you the freedom to move forward without your criminal history showing up again and again. You don’t have to explain or defend a record that legally no longer exists in public databases.
Do You Need a Lawyer to Seal an Arrest Record?
You are not legally required to hire a lawyer to seal your arrest record in California, but having an attorney can make the process faster, smoother, and far less stressful, especially if you’re unfamiliar with court forms, legal deadlines, or how to present your case in front of a judge.
Filing on your own means you’ll need to find and complete the right paperwork, submit your petition to the correct court, serve the district attorney, and possibly argue your case at a court hearing. While some forms online may guide you, small mistakes, like missing a document or forgetting to pay a filing fee, can delay your request or lead to a denial.
An attorney knows how to build a strong petition, include the right supporting documents, and respond if the prosecutor objects. If you are also dealing with pending charges, a criminal history report, or a more complex court file, legal guidance becomes even more important.
A good lawyer can also help you determine if record expungement or sealing is the better option for your situation, especially if you have other convictions, a prior felony conviction, or previous run-ins with law enforcement. If your freedom, future, or employment is on the line, it’s worth having someone on your side who knows the system well.
FAQs
Getting arrested can follow you for years, even if the charges were dropped or you were never convicted. That arrest can show up on criminal records, background checks, and even criminal history reports run by state agencies, private employers, or licensing agencies. This can affect your job, housing, and future opportunities.
