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Sealing

New Law Penal Code Section 851.91

Effective January 1, 2018 a new law allows Clients to Petition the Court to seal their arrest records when no criminal charges have been filed or if they were filed and dismissed. If the Petition is granted, the “arrest is deemed to have never occurred” and the petitioner is “released from all penalties and disabilities resulting from the arrest.” 

Unlike Penal Code Section 851.8, a Finding of Factual Innocence is not required. Many clients, particularly on low level alcohol offenses, are arrested and charges never filed, or if filed, they are dismissed. The new law allows those clients to have their arrest records sealed thereby enhancing their future employability.

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