Records relating to an arrest that did not result in conviction and for which the petitioner is factually innocent can be sealed by the court. After three years, the records of the arrest and notice of the sealing are destroyed. Cal. Pen. Code § 851.8(c).
Ineligible Category or Citation
This section does not apply to offenses classified as infractions. Cal. Pen. Code § 851.8(n)
The law enforcement agency issues the petitioner a written declaration that he or she is factually innocent of the charges and is exonerated. The arrest is deemed not to have occurred and the person can answer any question about the arrest accordingly. Cal. Pen. Code § 851.8(f).