In recent blogs, we've discussed how a new California legislation makes it simpler for certain individuals to get their arrest records sealed if they were never convicted of the crime. However, there are still some unanswered questions. Many people are curious about what it means to "seal" a criminal record. Unfortunately, this does not imply that it has been completely destroyed; thus, who can see it?

This is a question that we at the Law Office of Michael L. Fell take very seriously. Continue reading to obtain the answers you need, and then call us at (949) 585-9055 for a free legal consultation if you want to learn more about sealing or expunging your arrest record.

It's crucial to understand what the state means by "not convicted"

First and foremost, think about what the state means when it says someone was "not convicted." It means that a person was arrested but no charges were filed against them, that they were convicted but the conviction was later overturned or vacated, that charges were filed but the case was later dismissed, that charges were filed but the case was later dismissed in exchange for the dismissal of charges, or that charges were filed but the person in question was acquitted at trial.

What can a sealed arrest record do for you?

An arrest record that has been sealed, according to the most recent law, is virtually as if it never happened. A possible employer, licensing agency, landlord, or other third party cannot view your arrest record, and you have the legal right to respond “no” if they inquire if you have been arrested for a crime. However, sealing an arrest record is not the same as having it removed from the public record.

Criminal justice agencies have access to it and can share information in it with other law enforcement authorities, even if it is not available to the public. If you seek for public office, a contract with the California State Lottery Commission, employment as a peace officer, or licensure by a state or municipal agency, you must still confess to the arrest. Finally, your arrest record might be used against you if you are charged with a new offense.

If your sealed arrest record is revealed, there might be repercussions

You have protection if you request to have your record sealed, it is accepted, and members of the public are no longer able to access your arrest record. If someone knows you were arrested and publishes your record, they may be subject to civil penalties, including fines of up to $2,500 for each offense. You may also have the right to sue them for compensatory or punitive damages, depending on the circumstances.

If you are just starting the process of having your arrest or criminal record sealed, we recommend contacting a criminal defense attorney who can guide you through it. For a free legal consultation, call Law Office of Michael L. Fell at (949) 585-9055.