Being arrested is one of the most stressful experiences anyone can face — especially when you know you didn’t do anything wrong. But even if the charges never went forward, the arrest record doesn’t simply disappear. It can still show up in background checks, affect job opportunities, and follow you long after the matter has ended.
Thankfully, California Penal Code § 851.91 offers relief. If you were arrested but never convicted, you may be eligible to seal your arrest record and move on with your life.
Domestic violence involves mutual combat and false allegations. Often. When a person gets arrested for such a charge, the case may be declined filing. When this happens, there is no conviction or beaten and sealing relief is available.
Arrested But Never Convicted? You’re Not Alone
In California, many people face arrest based on one-sided reports or false accusations — especially in high-emotion situations like defending a loved one. That’s exactly what happened to a recent client who was arrested for felony assault after trying to protect his mother.
Even though he had video evidence disproving the accusation, the arrest was processed. The charges were initially reduced to a misdemeanor and then dismissed before any court date ever occurred. Still, the arrest remained on his record.
What Is Penal Code 851.91?
California Penal Code § 851.91 allows individuals who were arrested but not convicted to petition the court to seal their arrest record. This applies whether:
- The charges were never filed
- The charges were filed but later dismissed
- You were acquitted at trial
- The conviction was later vacated or reversed
Sealing the record means it will no longer show up on most background checks, and you can legally say you were never arrested — with limited exceptions.
Do I Qualify to Seal My Arrest Record?
You likely qualify if:
- You were arrested in California
- No conviction resulted from the arrest
- You are not currently facing charges for the same incident
- It’s been at least the required waiting period (if any)
Each case is unique, and the court may consider factors such as your criminal history or whether the arrest involved domestic violence or other specific allegations.
Why This Matters: Long-Term Impact of Arrest Records
Even if you were never charged or convicted, an arrest record can impact:
- Employment and licensing
- Housing applications
- Professional reputation
- Immigration matters
In the age of digital background checks, the mere appearance of an arrest can raise red flags — even if you were completely cleared.
Why the Courts Make It Hard to Do Alone
Many people try to seal their records themselves but find the court system confusing and unhelpful. Clerks are not allowed to give legal advice, and they often provide minimal guidance. As a result, people get stuck or discouraged.
An attorney experienced in sealing arrest records can help you:
- Determine your eligibility
- Collect and submit the right documents
- Represent you in court if needed
- Handle all communications with the court
What is the difference between sealing and expunging a criminal record under California law?
When you expunge a criminal record, you’re wiping out a conviction—something that happens after you plead guilty or are found guilty at trial.
On the other hand, sealing a record applies when no conviction occurred. This is common in cases involving domestic violence where allegations are false, exaggerated, or the situation simply escalated. Often, police arrest someone just to cool things down, even if there’s no real basis for prosecution.
How long does it take to seal an arrest record under Penal Code § 851.91?
Under PC § 851.91, the process typically takes about 4 to 6 weeks once the petition is properly filed and served on the necessary parties.
Can I seal an arrest record if the charges were dropped due to lack of evidence?
Yes. If your case was filed and later dropped—whether due to lack of evidence or strong legal defense—you can still petition to seal the arrest record.
What if I was arrested multiple times, but only one arrest didn’t result in a conviction—can I still seal that one?
Yes, in most cases you can. However, it can get tricky if the sealed arrest is part of a pattern of behavior (an MO). For example, if you were convicted twice for domestic violence and arrested a third time (even without a conviction), the court may be hesitant. Always consult with an attorney to review your case specifics.
Which courthouse in Orange County handles arrest record sealing under Penal Code § 851.91?
Every courthouse in Orange County handles these petitions. The city where the arrest occurred typically determines which courthouse will process your petition.
How do Orange County judges evaluate sealing requests tied to false allegations?
The two major factors are:
Whether the case was filed, and
Whether the statute of limitations has run out
If both apply in your favor, the court is generally receptive to granting the petition.
Is a court hearing required to seal a record in Orange County, or can it be done by petition alone?
It depends on the case and courthouse. Many petitions are handled on paper alone. However, if the District Attorney objects, a court hearing will be scheduled, and you’ll want legal representation.
Final Thoughts
If you were falsely accused and arrested, but never convicted, you deserve to move on without the stain of an arrest haunting your record. Don’t let a misunderstanding or malicious claim limit your future.
Need help sealing your arrest record in California? We can guide you through the process and fight to clear your name. Contact us today for a consultation.
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