Which arrest records cannot be sealed (under SB 393)?

You do NOT have the right to have your arrest record sealed if your record shows a pattern of arrests or convictions for the following crimes:[3217]

    Domestic violence
    Child abuse
    Elder abuse

A “pattern” is defined as two or more convictions, or five or more arrests, for separate offenses within a three-year period.[3218] In addition, if you were arrested for a crime with no statute of limitations (i.e. murder), you cannot have your arrest sealed under SB 393.[3219]

  1. 3217

    Cal. Penal Code § 851.91(c)(2)(A)(i).

  2. 3218

    Cal. Penal Code § 851.91(c)(2)(A)(ii).

  3. 3219

    Cal. Penal Code § 851.91(a)(2)(B).