Overview Description

Records relating to a case dismissed following successful completion of a drug diversion program or deferred entry of judgment pursuant to sections 1000, 1000.5, or 1000.8, can be sealed by the court. Cal. Pen. Code § 851.90(a)(1).

Ineligible Category or Citation

For eligibility, see Cal. Pen. Code §§ 1000, 1000.5, 1000.8.

Procedure General

The petition must be filed in the court, or the court can, on its own motion, order the record sealed. For the specific procedure, see Cal. Pen. Code § 851.90.


There is no statutory language regarding fees.


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 §§ 851.9(a)(2)-(6), (b)-(d).

Waiting Periods

There is no statutory language regarding waiting periods.

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