I was arrested for a crime that cannot be sealed under SB 393. Can I still try to get my arrest record sealed?
Possibly. If you cannot get your arrest record sealed under SB 393, you can still get your arrest record sealed if one of the following situations applies to you:
- 1) You can prove that sealing your record would serve the interests of justice. If you were arrested for domestic violence, child abuse, or elder abuse, you will have to convince a judge that your personal situation merits sealing.[3220]
- The court will look at several factors related to your case, including:
- The hardship caused by your arrest record;
- Evidence of your good character;
- Your account of the circumstances of the arrest; and
- Whether you have any other arrests or convictions on your record.
- 2) You are found to be “Factually Innocent.”
- If you were arrested as an adult for murder or any other crime that does not have a statute of limitations, you may have to prove you were factually innocent of the crime for which you were arrested.[3221]