Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Sealing a Criminal Record in California: Who Can See it and Who Can’t?

We have covered in previous blogs that a new California law makes it easier for some residents to seal arrest records in the event they were never convicted of the crime. However, there are still questions out there. Namely, many people wonder what it really means to “seal” a criminal record. Unfortunately, it doesn’t mean that it’s entirely destroyed, so who can see it?

At Law Office of Michael L. Fell we take this question seriously. Keep reading to get the answers you need and then contact our offices at (949) 585-9055 for a free legal consultation if you are ready to learn more about sealing your arrest record or having your record expunged.

First it’s important to know what the state considers “not convicted”

First and foremost, consider what the state is referring to when they say a person was “not convicted.” It means that a person was arrested but charges weren’t filed, they were convicted but the conviction was later overturned or vacated, charges were filed but the case was later dismissed, a pretrial or pre-sentencing program was completed in exchange for the dismissal of charges, or charges were filed but the person in question was acquitted at trial.

What a sealed arrest record can do

According to the most recent law, an arrest record that’s been sealed means that it is essentially as though it hasn’t happened. A member of the public can’t see your arrest record and you are able to legally say “no” if a potential employer, licensing agency, landlord, etc. asks if you have been arrested for a crime. That said, sealing the arrest record is not the same as having it erased.

Though it may not be visible to the public, criminal justice agencies can access it and can disclose information in it to other law enforcement agencies. You will still have to admit to the arrest if you apply for public office, for a contract with the California State Lottery Commission, for employment as a peace officer, or for licensing by a state or local agency. Finally, if you are charged with a new crime then your arrest record could be used against you.

There may be consequences if someone reveals your sealed arrest record

If you apply to have your record sealed, that record is approved, and members of the public are no longer able to see your arrest record, then you do have protection. In the event that someone knows you were arrested and releases that record, they can face civil penalties including fines of as much as $2,500 for each violation. Depending on the specifics, you may also have the right to bring a lawsuit against them for compensatory or punitive damages.

If you are just beginning in the process of having your arrest record or your criminal record sealed then we recommend you contact a criminal defense attorney who can help you through the process. You can reach Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.