Californians wanting to clean up their California arrest or other criminal records for employment and other background checks now have new options for relief! Arrest records, including felony records, may be sealed and destroyed if the arrest did not result in a criminal conviction. The California Arrest Records Equity Act (CARE Act, SB 393 ) requires California courts to seal and destroy records of arrest where the prosecutor did not file criminal charges within the statute of limitations, or the defendant was acquitted of the charges trial or no criminal conviction otherwise resulted from the arrest. California Penal Code 851.91. This criminal justice reform is in keeping with the federal government which, dispute being embroiled over a shut down, managed to pass one of the most comprehensive criminal justice reform bills in decades. A federal law aimed meanly at mandatory minimum sentencing laws for non violent drug offender, it does not effect the majority of America’s incarcerated who are overwhelming at jails and state prison facilities.
Before, these arrests would turn up criminal background checks and be used as cause to deny people employment, citizenship, housing, and other immigration statuses. An arrest record is merely evidence of Police contact and suspicion of criminal activity without any involvement from the court or prosecuting agency. Thus, to treat an arrest and a conviction for a crime as even remotely similar is a violation of the arrestee's constitutional right to due process. To deny an individual a living or a place to raise their family just because one Police officer arrested them, is a perversion of our criminal justice system and violates the presumption of innocence at its core. Sealing arrest records is similar to the expungement process for criminal records except that there is no conviction. Like expungment, the contact with police is deemed to have never occurred and disclosed only in rare circumstances of applying to be a police officer or other public official. California Penal Code 851.91; See Also, California Penal Code 1203.4.
Millions of Californians with criminal records of arrest records are eligible for relief and can pass employer background checks for getting hired.. If you were arrested by the Police and have a criminal history in California, and are concerned about criminal records search that could impact your employment, housing or other legal issues, attorneys at Reccius Law are skilled defense lawyers who understand how to use the Court system to clean up your criminal record.