Overview Description

Records relating to a matter that is dismissed following satisfactory completion of an informal program of supervision shall be sealed immediately. Cal. Welf. & Inst. Code § 786 (a).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

There is no procedure. The sealing is automatic.

Fees

There is no statutory language regarding fees.

Effect

Upon the court's order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition can reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. Cal. Welf. & Inst. Code § 786(b).

The person whose record is sealed under this section can ask the court to order the sealing of a record pertaining to a case that is in the custody of a public agency and that was not subject to the automatic sealing order. The court will grant the request and order the public agency record to be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the person. Cal. Welf. & Inst. Code § 786(e)(2).

For a list of circumstances in which a record that is sealed under this section can be accessed, inspected, or utilized, see Cal. Welf. & Inst. Code § 786(f).

Waiting Periods

The records should be sealed immediately following dismissal of the petition.

(non-prod server)