California: Adult Convictions (CA-D-4)

Records relating to a case dismissed following successful completion of a pretrial diversion program, can be sealed by the court if certain criteria are met. Cal Pen Code § 1001.36.

Record Detail(s)

Felony

Misdemeanor

Successful completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

Certain offenses, including murder, voluntary manslaughter, rape, lewd or lascivious act on a child under 14, sexual abuse of a child, are ineligible for sealing. Cal Pen Code § 1001.36(d).

Procedure General

The procedure is automatic. Cal Pen Code § 1001.36(e).

Fees

There is no statutory language regarding fees.

Effect

Regardless of the person’s completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice to any peace officer application request. The person has the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. An order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92. Cal Pen Code § 1001.36(j).

Waiting Periods

There is no waiting period.

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