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.