If you had an arrest that did not result in a conviction, you may be able to seal your case under Penal Code section 851.91. This applies to the following situations:

• You were arrested in Orange County but no charges were filed;
• You were arrested and charged, but the charges were dismissed;
• You completed diversion and the charges were dismissed;
• You completed “DEJ” (deferred entry of judgment) and the charges were dismissed;
• You went to trial and were found not guilty.

We may request that a court seal your arrest records or criminal records. If a judge grants the request, the records will no longer be available to the public. However, some government agencies will still be able to see your sealed record.

Not all arrests qualify for relief. Situations which are not eligible are when:

• Your arrest resulted in a conviction, or
• You may still be charged with any of the offenses upon which the arrest was based, or
• The arrestor case was filed for murder or any other offense for which there is no statute of limitations (except if you have been acquitted or found factually innocent), or
• You intentionally evaded law enforcement efforts to prosecute the arrest, including by engaging in identity fraud.

If the judge grants the request to seal, the arrest and court records will be sealed. But government agencies, like law enforcement, will still have access to them. You must still disclose the arrest when asked about it in applications for public office, for employment as a peace officer, or for a state or local license. You must also disclose the arrest if you are contracting with the California State Lottery Commission.

Diversion Programs

• If you completed a pre-filing diversion program run by the prosecutor, we can ask to seal the arrest records under Penal Code section 851.87.
• If you had charges dismissed after you completed a diversion program, we can ask to seal the records under Penal Code section 1001.9.
• If you had charges dismissed after you completed a drug diversion program, we can ask to seal the records under Penal Code section 851.90.

 Factual Innocence

If you were factually innocent, the judge can order the arrest records sealed and destroyed.

Factual innocence can be difficult to prove. The judge must be convinced that there was no reason for the officer to arrest you.