California: Adult Non-Conviction Arrests (CA-NC-4)

Records relating to arrest and proceedings where no conviction was obtained can be sealed by the court without a waiting period. Cal. Pen. Code §851.91.

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Varies

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

No offenses are categorically ineligible. But see limitations in Cal. Penal Code section 851.91(a)(2).

Procedure General

The petition must be filed in the court that handled the case, or, if there was no case, in the court with jurisdiction where the arrest occurred. For the specific procedure, see Cal. Penal Code sections 851.91, 851.92.

Fees

There is no statutory language regarding fees.

Effect

The arrest is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest, except as provided in Cal. Penal Code sections 851.91(e)(2)(B) and 851.92.

Waiting Periods

The petition may be filed at any time.

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