Seal Records and Factual Innocence 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 not prosecuted (Released after detention only, prosecutor reject, lack of evidence, etc., etc.).
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 851.8 Factual Innocence:
- Were you arrested but not convicted or prosecuted in a court of law?
- Were you detained then released after detention only?
- Were you factually innocent of the crime for which you were arrested?
- Was your case rejected by the prosecution or the Court?
- Was your case thrown out for lack of evidence?
- Does the record of arrest 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 851.8.
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