When could I get my arrest record sealed?

Generally, you must file a request to have your arrest record sealed within 2 years after the date of your arrest OR the date that charges were filed against you (whichever is later). However, the judge can waive (excuse) the 2-year time limit if you can show “good cause[3222]—meaning you can give the judge a really good reason why you could not or did not file your petition within the 2-year limit.

Since many people will be beyond the 2-year time limit, these are some examples of reasons that may qualify as “good cause:”

    If the charges are dismissed or you are acquitted more than 2 years after the date of your arrest or charging;
    If the DA waited more than 2 years after the arrest, and then decided not to file charges;
    In some cases, if you were trying to resolve your case informally, but were unsuccessful (but don’t wait too long afterward!).[3223]

Keep in mind, however, that it will be up to the judge to decide whether your reason is good enough to waive the 2-year limit.

  1. 3222

    Cal. Penal Code § 851.8(l).

  2. 3223

    Cf. People v. Bermudez, 215 Cal. App. 3d 1226, 1230 (Ct. App. 1989), reh'g denied and opinion modified (Dec. 23, 1989).