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.
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.
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.
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