San Diego’s Premier Domestic Violence Defense Firm

Sealing Your Past Records To Protect Your Future

You were in an argument with a spouse or significant other, and things got a bit out of hand. The cops were called to your home, and you were taken under arrest on suspicion of domestic violence. Luckily, the truth prevailed, and the charges against you were dismissed. All is well that ends well, right?

Wrong.

It does not take a conviction for a domestic violence arrest to wreak havoc on your life. Having a domestic violence arrest in your records can cause trouble for you when undergoing criminal background checks, limiting your employment opportunities. It’s time to get your arrest records sealed so you can leave this regrettable incident in the past where it belongs.

Eligibility For Sealing Arrest And Court Records

You can petition to have your arrest and court records sealed if one or more of the following apply to your situation:

  • You were charged with a crime, but the charges were dismissed.
  • You were charged with a crime and found not guilty.
  • You were charged and convicted, but your conviction was overturned on appeal.

Don’t Wait Another Day

You have dealt with the repercussions of your arrest long enough. Contact us today for a free consultation to learn more about having your records sealed.

Sealing an Arrest, Finding of Factual Innocence, and Destroying Arrest Records – Penal Code 851.8

There are many instances were someone was falsely accused of a crime.  That person goes to court to find out that no charges were issued.  As someone wants to move past the event, there is a stain on their record showing they were arrested.  Although someone is technically innocent until proven guilty, merely having an arrest on your record can have far-reaching consequences you want to avoid.  The Premier Law Group is dedicated to helping people move past a tough situation.  Call our office for a free consultation at (619) 752-3702.

California law allows people who were arrested but never convicted to have their California arrest records sealed and destroyed as a matter of right (automatically). Sealing an arrest means the record will not show up on most criminal background checks in California, other than to law enforcement. 

Penal Code 851.87 PC.  This section allows people to have their arrest record sealed as a matter of right when:

  • No criminal charges were ever filed,
  • Criminal charges were filed but later dismissed,
  • The defendant was found “not guilty” (acquitted) in a jury trial.

An exception to sealing an arrest record as a matter of right is when the person arrested has a history of arrests and/or convictions for:

But even in these cases, an arrest can still be sealed if a judge determines that doing so would serve the interests of justice.

If you feel that you were wrongfully arrested, then there is no reason to let that arrest remain a part of your permanent record.  Getting the arrest record sealed under PC 851.8 or PC 851.91 will provide you with relief from the wrongful arrest in your life.  We can erase that blemish and provide you with the peace of mind of getting official recognition from the court that the arrest was in fact wrongful. Call our office for a free consultation at 619-752-3702.