Seal Drug Case and Arrest Record

The 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?

It’s simple.  Because we know what we are doing, and you need to file the best application possible.

Our attorneys and staff take care of every step for you.  You almost never have to show up to court.

You get 24/7 online access to a personal, secure, and confidential account where you can track the progress of your case and have complete access to your paperwork.

Setting up a FREE consultation is quick, and we can start working for you right away.  Fill out the form and someone from our office will contact you.  You may also call us at 619-708-2073 if you have any questions at no charge.

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