Overview Description

Records relating to any case where an accusatory pleading was filed but not sustained can be sealed upon petition at any time after dismissal of the proceeding, so long as the court finds that the person is factually innocent of the charges. Cal. Welf. & Inst. Code § 781.5(d).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

At any time after dismissal of the proceeding, the minor can request in writing from the court that dismissed the proceeding a finding that he or she is factually innocent of the charges for which the arrest was made or the citation was issued. For the specific procedure, see Cal. Welf. & Inst. Code § 781.5(d).

Fees

There is no statutory language regarding fees.

Effect

Upon a determination that the minor is factually innocent, the records shall be sealed three years after the arrest or citation; and thereafter the records will be destroyed. Cal. Welf. & Inst. Code § 781.5.

Destruction of records of arrest or citation pursuant to this section shall be accomplished by permanent obliteration of all entries or notations upon those records pertaining to the arrest or citation, and the record shall be prepared again so that it appears that the arrest or citation never occurred. Cal. Welf. & Inst. Code § 781.5(j).

For specific effects, see Cal. Welf. & Inst. Code § 781.5.

Waiting Periods

The petition can be filed any time after the case was dismissed.

(non-prod server)