False arrests will show on your permanent record for the entirety of your life and can prevent you from various opportunities in life if banks, employers, or landlords do a criminal background check on you. Even if charges were filed against you, however the case was dismissed, the charges will still be visible on your record and hold you back from many opportunities. They will negatively affect your ability to find employment especially. By sealing your arrest, you are able to finally move forward in your life and forget about your past. This will ensure your ability to live a life without the worry of your criminal background holding you back in any way.
Within this form of sealing your arrest, being able to say you have never been arrested freely and truthfully as the information within sealed arrests will no longer be shown on background checks.
There are two different ways to seal an arrest record:
PC 851.8: – The first method requires proving factual innocence. This could be quite difficult to prove but should ultimately prove that you should not have been arrested in the first place given the evidence that was presented. According to PC 851.8, there is a required two-year period with the court that one could file the arrest record sealing request from the initial date that one had been arrested. However, if the arrest pasts the two-year period, a waiver may be requested but may delay the process.
PC 851.91 - The second method requires proving that you are eligible for relief. This is a much more new and simple approach in comparison to the first method, however they both are effective in sealing an arrest record in the state of California.
- Requirements for Sealing an Arrest Record:
- Arrested in the state of California
- Statute of limitations had passed
- No convictions as a result of arrest
Legally, you can truthfully share that you have never been arrested and answer “no” on nearly any application asking if you have ever been arrested.
There is no reason for a wrongful arrest to remain on your permanent record and hold you back in life. Under PC 851.91 or PC 851.8 getting your arrest record sealed will allow you to leave your past behind you and provide you relief of a new and fresh beginning.
- Benefits of Sealing an Arrest Record
- Increase employment opportunities
- Arrest no longer shown on background checks
- Permanently removed from criminal record
- Honestly say that you have never been arrested
- Eligible for more beneficial assistance in housing
- Eligible for more student loans
- Eligible for more certificates and licenses
- More relief in forgetting about the past and moving on for good
Our office cares about you and strives to help you put a wrongful arrest behind you. Our knowledge and guidance will be implemented to the specifics surrounding your arrest.
It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case.
Attorney Ramona Kennedy cares about your case and will fight for you.
You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge.
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