Having an arrest record, even if charges were never filed or were later dismissed, can have a lasting impact on your reputation, employment opportunities, and peace of mind. Fortunately, in California, under certain circumstances, you may petition to seal and destroy your arrest records. This process can effectively remove your arrest from public view, allowing you to move forward without the shadow of a past arrest hanging over your life. In this blog post, we’ll break down what the process entails, how it works in Orange County Superior Court specifically, and what you can expect when petitioning local courts.
Understanding the Petition to Seal and Destroy Arrest Records
Under California Penal Code Section 851.91, individuals arrested but not convicted of a crime are eligible to petition the court to have their arrest records sealed. This statute covers scenarios where:
- No charges were ever filed.
- Charges were filed but later dismissed.
- The defendant was acquitted in court.
- The defendant successfully completed a diversion program or pretrial intervention.
By successfully petitioning to seal and destroy your arrest record, you can ensure that it will not appear in background checks conducted by employers, land lords, or financial institutions. This can be a critical step in preserving your reputation and preventing an arrest from affecting your future.
Why Timing is Crucial
When considering filing a petition, timing plays a critical role. As discussed in our conversation with a client, the general recommendation is to wait one year from the date of the arrest. Filing too soon might lead to objections from the District Attorney’s Office or the court, as law enforcement agencies have the right to file charges up to a year after the arrest, depending on the type of offense. If you file your petition within this one-year window, there is a higher likelihood that your petition could be denied on the grounds that the prosecution has not definitively declined to file charges.
For felony arrests, the statute of limitations can be up to three years. For misdemeanors, however, the limit is generally one year. Waiting this period out before filing your petition minimizes the chance of objections from the DA and increases your chances of success.
Filing a Petition in Orange County
If your arrest occurred in Orange County, you will likely need to file your petition at one of the following Orange County Superior Court locations, depending on where the arrest occurred:
- Fullerton Courthouse
- Westminster Courthouse
- Santa Ana Courthouse
- Harbor Justice Center (located in Newport Beach)
Each courthouse has its own procedures, so it’s important to check the specific requirements for submitting your petition. Additionally, working with an experienced criminal defense attorney who is familiar with the Orange County court system can help streamline the process and avoid potential pitfalls.
Steps to File a Petition
- Gather Documentation: Before you begin the process, gather all relevant documentation, including the arrest report, any court documents related to the dismissal or non-filing of charges, and proof that you were not convicted.
- Complete the Petition: California provides a specific form (Judicial Council Form CR-409), which is used to file a petition to seal arrest records. Your attorney will help you complete this form and provide any necessary supporting documents.
- Submit the Petition to the Court: Once the form is completed, it must be filed with the appropriate court in Orange County. You’ll also need to serve a copy of the petition to the prosecuting agency (usually the District Attorney’s Office) and the law enforcement agency that made the arrest.
- Attend the Hearing: After the petition is filed, the court will schedule a hearing. During this hearing, both you and the prosecuting agency will have the opportunity to present arguments for or against sealing the records.
- Await the Court’s Decision: If the court grants your petition, your arrest records will be sealed and destroyed from public view, though they will still be accessible to law enforcement under specific circumstances (such as for future criminal investigations or prosecutions).
What Happens If Your Petition is Granted?
If the court approves your petition under Penal Code 851.91, your arrest record will be sealed. This means:
- It will not appear in most background checks.
- Private employers, landlords, and others cannot use it against you.
- You have the legal right to state, in most circumstances, that you have never been arrested for the offense.
However, as noted in Penal Code 851.92, sealed arrest records are still accessible by law enforcement agencies, courts, and certain governmental bodies, such as those involved in licensing.
Final Considerations
While sealing your arrest record can provide significant relief, it’s important to note that this process does not expunge a conviction. If you have been convicted of a crime, you may need to pursue an expungement or other remedies under different sections of the California Penal Code.
Consulting with a qualified criminal defense attorney can ensure you take the right steps and increase your chances of a successful outcome when petitioning the Orange County Superior Court.
What are the specific filing fees associated with submitting a petition to seal and destroy arrest records at the Fullerton Courthouse in Orange County?
At the Fullerton Courthouse in Orange County, California, there are no filing fees for submitting a petition to seal and destroy arrest records. This also applies to all other courthouses in Orange County and throughout California. In short, no fees are required.
How long does it typically take for the Orange County Superior Court, such as the Westminster or Harbor Justice Center, to schedule a hearing after submitting the petition?
After submitting a petition to seal records at the Westminster or Harbor Justice Center, you can expect to hear back from the court within four to six weeks. Once notified, the hearing is typically scheduled for about 45 days later.
What are the common objections raised by the District Attorney’s Office in Santa Ana for petitions filed before the one-year mark, and how are these typically addressed in court?
The most common objection raised by the Orange County District Attorney’s Office for petitions filed before the one-year mark is that the case is still under investigation. While they may not revisit the case, their reasoning is that it’s officially under further review. A common counterargument is that the case has a low probability of being pursued further due to the lack of new evidence. However, absent a concession from the District Attorney’s Office, judges often side with caution and support the DA’s objection.
Are there any special considerations for individuals with professional licenses (such as doctors or lawyers) when filing a petition to seal arrest records in Orange County?
No, individuals with professional licenses such as doctors or lawyers are treated the same as everyone else when filing a petition to seal arrest records. The law treats all individuals equally, without special or preferential treatment based on profession.
What is the process for law enforcement agencies in Orange County, such as the Orange County Sheriff’s Department, to respond to a petition to seal and destroy arrest records under Penal Code 851.91?
Law enforcement agencies in Orange County, like the Sheriff’s Department, have the opportunity to respond to the petition. They can inform the court if the case is still under investigation or provide any other relevant information, such as whether the offense could be considered a felony instead of a misdemeanor. This input can influence whether the records are sealed.
By addressing these common questions and concerns, you can ensure that your petition is complete, timely, and has the best chance of success in Orange County.
For further reading on domestic violence-related arrest record sealing, check out the following resources:
These resources will provide additional insights into the nuances of arrest record sealing in Orange County, particularly for domestic violence cases.
