Which arrest records can be sealed by the court (under SB 393)?

SB 393, a new law that went into effect on January 1, 2018, gives Californians the right to have their arrest records sealed if the arrest did not lead to a conviction.[3209] Although arrests for certain crimes may be excluded under the new law (see next question, below) SB 393 requires the court to seal old arrest records if there is no possibility that any further charges will be brought.[3210] Once the record is sealed, it is treated as if it never happened.[3211]

Before SB 393 was passed, people were required to prove that they were factually innocent of the offense for which they were arrested to get it sealed. It is no longer necessary to prove factual innocence in most cases. Rather, any arrest that did NOT lead to a conviction can be sealed (with a few exceptions – see the next question “Which arrest records cannot be sealed?”).

You can ask to have your arrest record sealed if you were arrested, but:

    The prosecutor/DA never filed charges against you in court;[3212] OR
    The prosecutor/DA offered you a diversion program instead of filing charges (and you successfully completed it);[3213] OR
    The prosecutor/DA filed charges against you, but the case was dismissed;[3214] OR
    The prosecutor/DA filed charges, but the judge sent you to a diversion program instead (and you successfully completed it);[3215] OR
    The prosecutor/DA filed charges against you, but you were acquitted at trial;[3216] OR
    The prosecutor/DA filed charges, you were convicted at trial, but the judge set aside your conviction.
  1. 3209

    Senate Bill no. 393 (Oct. 23, 3027), available at https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB393. ↑

  2. 3210

    No further charges can be brought when the statute of limitations for that crime has expired. See Cal. Penal Code § 851.91(a)(1)(A). ↑

  3. 3211

    Cal. Penal Code § 851.91(e)(2)(B). ↑

  4. 3212

    Cal. Penal Code § 851.8(a). ↑

  5. 3213

    Cal. Penal Code § 851.87. ↑

  6. 3214

    Cal. Penal Code § 851.8(c) & (d). ↑

  7. 3215

    Cal. Penal Code § 851.90. ↑

  8. 3216

    Cal. Penal Code § 851.8(e). ↑