Overview Description

Records of the arresting agency and related court records can be sealed two years after successful completion of a prefiling diversion program. Cal. Pen. Code § 851.87(a)(1).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the superior court that would have had jurisdiction over the matter. For the specific procedure, see Cal. Pen. Code § 851.87.

Fees

There is no statutory language regarding fees.

Effect

The court shall not allow access to any records concerning the case and the petitioner is informed that he or she can thereafter state that he or she was not arrested for the charge, with exceptions. Cal. Pen. Code §§ 851.87(a)-(d).

Waiting Periods

The petition can be filed two years after successful completion of the program as determined by the prosecuting attorney. Cal. Pen. Code § 851.87(a).

(non-prod server)