Getting arrested can be a stressful and overwhelming experience, but having your case dismissed and record sealing can provide relief. Many people don’t realize that even if their case is dismissed, the arrest record can still exist—unless it is officially sealed.
In this post, we’ll break down what it means to have your case dismissed and sealed, why it matters, and what steps you need to take to ensure your record remains protected.
What Case Dismissed Means?
A dismissal means the prosecution has chosen not to move forward with charges or that a judge has ruled in your favor. In many cases, dismissals occur after the defendant completes specific conditions, such as:
- Paying a small restitution fee to the court
- Completing a set number of community service hours
- Enrolling in and finishing a diversion program
Dismissal is a positive outcome—it means no conviction will appear on your record. However, a dismissal alone does not automatically erase the arrest from public view. That’s where record sealing comes in.
What Does It Mean to Have a Case Sealed?
When a record is sealed, it is legally hidden from public view. This means:
✔️ Employers, landlords, and the general public cannot access your arrest or case information.
✔️ Background checks performed by private companies will not show the sealed case.
✔️ Your name will no longer appear in court records related to the case.
However, law enforcement agencies and the courts still have access to sealed records. In most cases, the only way the information can be used against you is if you are later involved in another legal matter.
Can a Sealed Record Still Affect Employment?
This is one of the most common concerns people have—especially those applying for jobs that require government background checks.
- If your case is sealed, private employers should not be able to find it.
- Government agencies conducting deep background checks (e.g., for law enforcement or public school jobs) may still see it.
- Some fields (such as education, finance, and healthcare) have stricter reporting requirements for arrests, even if the case was later sealed.
How Should You Answer Job Application Questions About Arrests?
Job applications often ask:
🔹 “Have you ever been convicted of a crime?” – If you got your case dismissed and sealed, you can legally answer NO to this question.
🔹 “Have you ever been arrested?” – This is a trickier question. If your record is sealed, it’s not supposed to be accessible, but government background checks may still reveal it. If you’re unsure, consulting with an employment attorney in your state can help you navigate the best way to answer.
Steps to Take After Your Case Dismissed and Sealed
Case dismissed and is eligible for sealing? follow these steps:
✅ Verify the sealing process – In California, under Penal Code 1000.1, case dismissed through a diversion program are eligible for automatic sealing, but always confirm this with your attorney.
✅ Complete all court requirements – Pay restitution fees and complete community service on time. Courts often require proof before sealing your case.
✅ Keep records of dismissal and sealing – If any questions arise in the future, having documentation can help clarify your legal standing.
✅ Be cautious with job applications – If you’re applying for a job that requires deep background checks, consider speaking with an employment lawyer in your state.
How do I know if my case was automatically sealed or if I need to request it?
Great question—just because your case is dismissed doesn’t mean it’s sealed. Dismissal and sealing are two separate things.
If you entered a diversion program with the court, the judge might have dismissed and sealed your case automatically under Penal Code 1001.95 or 1001.91. Judges will often state this on the record.
If you’re unsure, here are two ways to check:
Go to the court clerk’s office in the county where your case was filed and ask if the case has been sealed.
Talk to a criminal defense attorney, especially one familiar with that court. Attorneys have access to court systems and can confirm your record status.
What’s the actual process for sealing a record if it’s not automatic?
f your case was dismissed or charges were never filed, and it wasn’t automatically sealed, then you need to take action under Penal Code 851.91.
Here’s what that involves:
Fill out the required sealing forms (available at most county court websites).
File the petition with the same courthouse where your case was handled.
Serve a copy of the petition to the District Attorney’s office and the arresting agency.
In some cases, you may have to appear for a court hearing.
It’s a process, but one that’s worth it if you want your record out of public view.
How long does it take to seal a record after dismissal?
It can take indefinitely—if you do nothing, your record stays visible forever. Sealing doesn’t happen on its own (unless it’s court-ordered under diversion).
Once you file your petition, the timeline can vary. Some cases resolve in a few weeks; others may take a few months depending on the court backlog and whether a hearing is required.
Bottom line: if you want the arrest record sealed, you need to move on it.
Can I check to see if my record is sealed somewhere?
Yes, and the method depends on the county.
In counties like Orange or Los Angeles, you can search the court’s online case access system.
If your case still shows up, it’s likely not sealed.
If you don’t see anything online or if your county doesn’t offer an online system, go in person to the court clerk and ask them to check your case file.
You can also have an attorney verify it for you.
What if I was arrested but charges were never filed—do I still need to seal that?
es. Even if the DA never filed charges, the arrest still shows up on your record. This is one of the most common reasons to file for sealing under Penal Code 851.91.
This comes up a lot with arrests for:
Domestic violence
Resisting arrest
Drug possession (especially in places like Disneyland)
The case may not move forward, but the arrest is still on the books—until you seal it.
If I seal my record, do I have to disclose it for unrelated matters?
Generally, no. Once your record is sealed, it is legally protected from public view and disclosure.
You’re not required to disclose it to most employers, landlords, or private entities.
Certain government agencies (and courts) may still be able to see it in specific legal contexts.
If you’re involved in another court matter, whether you must disclose depends on the type of case and the purpose of the disclosure.
In short, sealed means sealed—and most of the time, that’s the end of it.
Final Thoughts
Having your case dismissed and sealed is a huge step toward moving on with your life, but it’s essential to understand how it impacts your future opportunities. If you have questions about whether your record is fully sealed or how it affects job applications, consulting with a criminal defense or employment attorney can provide clarity.
If you or someone you know is facing criminal charges and wants to understand their legal options, contact the Law Office of Hieu Vu today. We’re here to help you get the best possible outcome for your case.
