San Diego DUI Lawyers BlogAn arrest record can follow you long after a case is dismissed, charges are dropped, or you are found not guilty. In California, that record remains visible to employers, landlords, and licensing boards unless you take legal action to seal it. If you were arrested for a DUI or any other offense and the case did not result in a conviction, you may have the right to seal your arrest record and limit who can access that information. An experienced California arrest record sealing lawyer can evaluate your eligibility, prepare your petition, and guide you through every step of the process.
What Sealing an Arrest Record in California Covers
California Penal Code 851.91 allows individuals who were arrested but not convicted to petition the court to have their arrest record sealed. When a record is sealed, it is no longer accessible to most employers, landlords, or members of the public who conduct background checks. The arrest is treated, for most purposes, as if it never occurred.
This service covers DUI arrests that did not result in conviction, arrests where charges were never filed, cases dismissed after a successful plea bargain to a non-conviction outcome, and situations where a jury returned a not guilty verdict. It also applies to arrests involving misdemeanor cases, reckless driving, drug possession, domestic violence charges, and other offenses where the criminal justice system did not produce a final conviction. An attorney reviews your complete arrest and case history to determine whether Penal Code 851.91 or another legal avenue applies to your situation.
Situations Where You May Need to Seal Your Arrest Record
Your DUI Arrest Did Not Result in a Conviction
Many people arrested for driving under the influence never end up convicted. Charges may be reduced, dismissed, or rejected by the district attorney altogether. Despite this, the arrest itself remains on your record and can appear in background checks, affecting your employment, housing, and professional licensing opportunities. Sealing the arrest erases this visible mark from your public record.
You Were Arrested but Never Charged
A police officer has the authority to make an arrest even when prosecutors later decide not to file charges. This happens frequently in DUI cases where blood alcohol content results are borderline, forensic science evidence is weak, or field sobriety test administration was improper. If no charges were ever filed against you, you are likely eligible to seal the arrest under California law.
Your Case Was Dismissed After You Completed a Program
Some DUI and drug possession cases are resolved through diversion programs or deferred entry of judgment. Once you complete the program and the court dismisses the case, your arrest record does not automatically disappear. Petitioning to seal the record requires a separate legal process, and an attorney ensures it is completed correctly so the arrest no longer affects your future.
A Prior Arrest Is Affecting Your Career or Housing
Even a decades-old DUI arrest can appear on background checks and cost you job opportunities, professional licenses, or housing applications. If you have carried the weight of an old arrest record, understanding how to seal arrest records in California may open doors that have been closed to you. Attorneys with extensive experience in post-conviction and post-arrest relief know how to navigate these petitions efficiently and effectively.
How the Record Sealing Process Works in California
The petition to seal an arrest record is filed in the court that handled, or would have handled, the underlying criminal case. The process begins with a review of your arrest history, court records, and the specific circumstances of your case to confirm eligibility. Not every arrest qualifies, and certain disqualifying factors, such as an ongoing investigation or a finding that you intentionally evaded prosecution, can prevent sealing.
Once eligibility is confirmed, your attorney prepares and files the petition under Penal Code 851.91. The court notifies the relevant law enforcement agencies and the district attorney’s office, which has the opportunity to object. If no objection is filed, or if the court overrules any objection, the judge issues an order sealing the record. The arresting agency and the California Department of Justice are then required to update their records accordingly.
In some cases, the process is straightforward and completed without a hearing. In others, particularly where the deputy district attorney’s office contests the petition, your attorney must appear in court and present arguments on your behalf. Having a former prosecutor or a DUI attorney with a deep understanding of local court procedures representing you at this stage significantly improves your chances of a successful outcome.
How an Experienced Attorney Guides You Through Record Sealing
The record sealing process involves more than filing a form. Attorneys with extensive experience in California criminal defense review your entire case history to identify the strongest legal basis for your petition, anticipate objections from the district attorney’s office, and ensure every procedural requirement is met correctly the first time.
From the first free consultation through the final court order, your attorney handles all filings, court appearances, and agency notifications. They also advise you on what sealing does and does not accomplish, including which agencies may still retain access to sealed records and how the law interacts with federal employment, immigration, or licensing processes that may operate under different rules than California state law.
Attorneys who have successfully defended DUI clients throughout the criminal justice system, and who understand the forensic science and court procedures that determine case outcomes, bring the same analytical precision to post-arrest relief. Whether your record involves a single DUI arrest or cases ranging across multiple charges and jurisdictions, a qualified attorney develops a strategy tailored to your specific history and goals.
Frequently Asked Questions
Who qualifies to seal an arrest record in California? In general, you qualify if you were arrested and the case did not result in a conviction, either because charges were never filed, the case was dismissed, or you were acquitted at trial. Certain disqualifying conditions apply, including cases where you intentionally evaded prosecution or where charges are still pending. An attorney can review your record and confirm your eligibility.
Does sealing an arrest record expunge a conviction? No. Sealing an arrest record under Penal Code 851.91 applies only to arrests that did not result in a conviction. If you were convicted and want to clear that conviction, a separate expungement process under Penal Code 1203.4 may apply. An attorney can advise you on which remedy is appropriate based on your case outcome.
Will a sealed arrest record still show up on background checks? For most private employers and landlords, a sealed arrest record will not appear on a standard background check. However, certain government agencies, law enforcement entities, and positions requiring security clearances may still be able to access sealed records. Your attorney will explain the specific limitations of sealing as they apply to your circumstances.
How long does the record sealing process take in California? Timelines vary depending on the court, the complexity of your case, and whether the district attorney’s office files an objection. Straightforward cases may be resolved within a few months, while contested petitions can take longer. Your attorney keeps you informed throughout the process and works to move your case forward as efficiently as possible.
Can I seal a DUI arrest record in California? Yes, if the DUI arrest did not result in a conviction. If your DUI charges were dismissed, reduced to a non-conviction outcome, or if you were acquitted, you may be eligible to petition the court to seal that arrest record. An experienced DUI attorney can evaluate your case history and determine the best path forward.
A Clean Record Is Within Reach
An arrest that did not result in a conviction should not define your future. California law gives you the right to petition the court to seal arrest records and reclaim your reputation, your career prospects, and your peace of mind. The attorneys at our law offices have helped clients throughout Southern California successfully navigate the record sealing process, and we are ready to put that proven experience to work for you.
Schedule Your Free Consultation Today
If you are ready to take the first step toward sealing your California arrest record, contact our law offices now. We offer a free consultation, flexible payment plans, and fee arrangements designed to make experienced legal representation accessible to every client.
You can reach us by phone at (619) 260-1122 or by clicking here. We are here to help you understand your rights and take the right next steps.
Law Offices of Susan L. Hartman
8880 Rio San Diego Dr
Suite 800, PMB 846
San Diego, CA 92108
Phone: (619) 260-1122
Fax: (619) 756-7033