California: Adult Diversion/Deferral Program (CA-D-1)

Records of the arresting agency and related court records can be sealed after successful completion of a prefiling diversion program. Cal. Pen. Code § 851.87(a)(1).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if requested

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the superior court that would have had jurisdiction over the matter. For the specific procedure, see Cal. Pen. Code § 851.87.

Fees

There is no statutory language regarding fees.

Effect

The court shall give a copy of the order to the person and inform the person that he or she may thereafter state that he or she was not arrested for the charge, with exceptions. Cal. Pen. Code §§ 851.87(a)-(d).

Waiting Periods

The petition can be filed two years after successful completion of the program as determined by the prosecuting attorney. Cal. Pen. Code § 851.87(a).

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