Seal and Destroy Record of Arrest; Completion of Drug Diversion Eligibility Checklist
HOW DO I DETERMINE IF I AM ELIGIBLE TO SEAL AND DESTROY MY RECORD OF ARREST?
You may be eligible to petition the court to seal and destroy your record of arrest if you were arrested but placed in a drug treatment program pursuant California Penal Code section 1000 instead of the Court issuing an adjudication of guilt.
A simple way to determine if you qualify to have your conviction sealed and destroyed is to review the requirement checklist of California Penal Code section 851.90 Drug Diversion:
- Were you arrested but not convicted or prosecuted in a court of law?
- Was your adjudication of guilt withheld pending completion of a drug or alcohol program?
- Was your case related to possession of dangerous drugs instead of possession for sale?
- Did the Court indicated they would seal your record upon completion of the drug program?
- Does the record of arrest continue to show up on criminal background checks?
If you answered YES to any of these questions, you may be eligible to have your record of arrest sealed and destroyed pursuant California Penal Code section 851.90.
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