If you were arrested on suspicion of a criminal offense in California, and no charges were brought against you or the case was dismissed, you may be eligible to have your arrest sealed.

The Department of Justice is the record-keeper for all California arrests and convictions. When a person's background is checked, the searcher will often be able to see that an arrest took place. An arrest alone is not indicative of guilt, but that is overlooked by people on occasion. The best bet is to clear that arrest entirely.

To seal an arrest, an individual may generate a new case at the Superior Court and file a motion to have that arrest sealed from the Department of Justice's records. Upon proper notice, filing, notice, and hearing, the Judge has discretion to seal the record. After a case is sealed in court, a person can lawfully assert that they have not been arrested.

Attorneys who handle arrest record sealings take care of the entire proceedings including the research and strategy for the court session.

Record Clearing Options Include, But Aren’t Limited To, The Following:

• Expungement
• Felony expungement
• Felony reduction
• Certificate of rehabilitation
• Probation termination
• Arrest record sealing
• Drug diversion sealing
• Juvenile record sealing
• Juvenile set aside

If you believe that you would be a good candidate for expungement or record sealing, start by contacting a reputable attorney or service that handles expungement and record clearance cases. Brendan Barrett can help you determine which record clearing options are available for your criminal charges.

How To Get Your Arrest Record Sealed

In order to accomplish this, several steps must be made. First, the Court must generate a case number for the arrest (since no case number ever existed in the first place). Once the case number is available, a person can petition to have the arrest sealed by the Judge sitting in that jurisdiction. If the judge grants this request, the County will send an abstract of judgement to the Department of Justice to update their records, and the individual will be able to legally assert that they have not been arrested for that charge.

This relief is not a universal panacea to a criminal record. For example, federal agencies and state government licensing boards will not register that the matter has been dismissed. Frankly, they don’t care whether cases are dismissed/sealed/expunged–they will always recognize the case and aren’t basing their evaluation on what the PUBLIC record reflects. Moreover, some background check companies fail to update their records in a timely manner and may delivery outdated information (failing to double check the current DOJ records). In the event that they deliver outdated information–they have one opportunity to rectify their misinformation. Similarly, in the event that there is a conviction which is a “priorable” offense, the conviction can be used to enhance the punishment for a subsequent conviction. For example, if the conviction is a DUI or a drug sale one, if there is a later conviction for the same crime–a prosecutor may use that previous conviction to enhance the punishment for a new crime regardless of whether the matter was expunged.

Despite this, arrest record sealing can have wonderful effects on a person who is dogged by their previous criminal incidents. An unsealed arrest can have unfair and life-long consequences for a person seeking new employment or immigration relief.

If you were arrested for a crime in the past and wish to have your public record cleared, please feel free to contact the Law Office of Brendan Barrett to explore your options. If you’re eligible for an expungement, the Law Office of Brendan Barrett can work for you to get it done. Send Mr. Barrett and email today to see if your conviction qualifies.

Hiring an attorney who handles expungement and record clearance in San Jose ensures that you have the best odds possible for having your criminal record cleared. Get the help that you need. Contact us today to set up a free meeting with Brendan Barrett.