Seal Drug Case and Arrest Record

Seal Drug Case and Arrest RecordThe Basics – PC 851.90

California Penal Code section 851.90 allows courts the power to order that your arrest record and court records be sealed if you successfully completed a diversion program pursuant to PC 1000.5 or a deferred entry of judgment program pursuant to PC 1000.  The arresting law enforcement agency will promptly seal all records of your arrest and detention, and the Department of Justice will also update its records to ensure that background checks will come out clean.

What is the Benefit?

You can truthfully and legally say No when asked if you were ever arrested for a felony or a misdemeanor.  It would be like you were never arrested, and you would be able to seek employment with certain law enforcement agencies, receive housing assistance, student loans, be professionally licensed in California, etc.  You don’t even have to say you had to complete a diversion or deferred entry of judgment program.

Are there any Exceptions?

Yes. The statute reads “The defendant may… indicate in response to any question concerning the defendant’s prior criminal record that the defendant was not arrested or granted statutorily authorized drug diversion or deferred entry of judgment for the offense.”  However, if you are applying for a job as a peace officer as defined in PC 830.

Also, the arrest upon which the case was based shall be disclosed by the Department of Justice or the court in which the matter was heard in response to any subsequent inquiry by the district attorney, court, probation department, or counsel for the defendant concerning the defendant’s eligibility for any statutorily authorized drug diversion or deferred entry of judgment program in the future.

Finally, the Department of Justice reserves the right to maintain and disseminate any records or documents received or maintained by the department that is authorized by law.

Do I Need an Attorney?

We’re inclined to say yes.  The process of Sealing Your Drug Court and Arrest Record can get complicated. You need an experienced attorney who understands what it takes to win. Drafting a good motion to argue is key, and a lot of the time it all comes down to having strong negotiation skills.

It’s also important to have people on your side who actually care about the outcome of your case. Our attorneys and staff take care of every step for you. We work fast, and our services are priced low.

Setting up a FREE consultation is easy, and we can start working for you right away. Fill out the form and someone from our office will contact you. You can also call us directly at 619-649-2424 if you have any questions.

We care for you, and we’re on your side to get you the relief you need!

 

Why Our Firm?

On all criminal cases we offer a Free initial consultation. This is your chance to gain candid advice on potential outcomes and implications of your criminal charge. You will meet with our attorneys, go over the facts of your case, relevant law and San Diego procedures. You will leave with a checklist of items we feel will take your case to a successful outcome.
Scott Hullinger, Esq.

Scott Hullinger, Esq.

San Diego Criminal & Civil Attorney

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