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California: Adult Non-Conviction Arrests (CA-NC-2)
Records relating to an arrest that did not result in conviction and for which the petitioner is factually innocent can be sealed by the court. After three years, the records of the arrest and notice of the sealing are destroyed. Cal. Pen. Code § 851.8(c).
Record Detail(s)
Factual innocence
Charges resolved in favor of defendant
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Discretionary
Clearance Process
Petition-based
Remedy
Delete
Ineligible Category or Citation
This section does not apply to offenses classified as infractions. Cal. Pen. Code § 851.8(n).
Procedure General
The petition must be made to the court. For the specific procedure, see Cal. Pen. Code § 851.8(b).
Fees
There is no statutory language regarding fees.
Effect
The law enforcement agency issues the petitioner a written declaration that he or she is factually innocent of the charges and is exonerated. The arrest is deemed not to have occurred and the person can answer any question about the arrest accordingly. Cal. Pen. Code § 851.8(f).
Waiting Periods
The petition must be filed within two years of arrest. Cal. Pen. Code § 851.8(l).
