For security and safety reasons, many employers now conduct background checks on potential employees. Background checks help one determine whether the applicant has a history of violence or any arrest. Although the reason is understandable, this leaves applicants with previous arrest records at a disadvantage especially if the California criminal records indicate that they have arrests or charges filed against them even though the charges were dropped. With that said applicants who have previous arrest records may file a petition to have these records sealed and destroyed.
Individuals who have arrest records, under the Penal Code of California can file a petition to have the criminal records sealed and destroyed by petitioning the concerned law enforcement agency to seal the reports, records and other evidence pertaining to the arrest. The petitioner should provide proof that they are "factually innocent" of the charges brought against them. Once the law agency determines that the petitioner is "factually innocent", they would then proceed to inform the Department of Justice as well as other law enforcement agencies that are included with the arrest of the sealing and destroying of the records. The DOJ and the other agencies will have to destroy their copies of the arrest as well.
Petitioners who have filed should make a follow up to the law enforcement agency that has jurisdiction over their case, as under the Penal Code, should the law enforcement agency fail to respond within 60 days upon the receipt of the petition, the petition is understood to be denied.
Should the petition be denied the petitioner has another option open for them as they can file for a request from the higher court that has jurisdiction over the territory. The higher court will then summon the parties for a hearing, which will commence ten days after the receipt of such by the law enforcement agency. The petitioner should prove to the court that he/she is innocent of the crime by presenting evidence that supports their claim. Once the court decides for the petitioner, it will send an order to all concerned law agencies and to the Department of Justice to destroy all records pertaining to the arrest.
Before filing for a petition, the petitioner must be eligible for the sealing. To be eligible for the sealing, the case must fall under the following situations - (1) the person was arrested by the law agency, however the prosecutor never filed any charges against them, (2) the case filed against them was dismissed and (3) the case was dismissed by a jury under a trial. Petitioners who are convicted of the case are not eligible to have the records sealed and destroyed.
To determine whether one has criminal records ca, doing a background check on oneself can help one learn about the arrest records filed against them. There are several public record search companies available online which offer this service free that one can avail.
Individuals who have arrest records, under the Penal Code of California can file a petition to have the criminal records sealed and destroyed by petitioning the concerned law enforcement agency to seal the reports, records and other evidence pertaining to the arrest. The petitioner should provide proof that they are "factually innocent" of the charges brought against them. Once the law agency determines that the petitioner is "factually innocent", they would then proceed to inform the Department of Justice as well as other law enforcement agencies that are included with the arrest of the sealing and destroying of the records. The DOJ and the other agencies will have to destroy their copies of the arrest as well.
Petitioners who have filed should make a follow up to the law enforcement agency that has jurisdiction over their case, as under the Penal Code, should the law enforcement agency fail to respond within 60 days upon the receipt of the petition, the petition is understood to be denied.
Should the petition be denied the petitioner has another option open for them as they can file for a request from the higher court that has jurisdiction over the territory. The higher court will then summon the parties for a hearing, which will commence ten days after the receipt of such by the law enforcement agency. The petitioner should prove to the court that he/she is innocent of the crime by presenting evidence that supports their claim. Once the court decides for the petitioner, it will send an order to all concerned law agencies and to the Department of Justice to destroy all records pertaining to the arrest.
Before filing for a petition, the petitioner must be eligible for the sealing. To be eligible for the sealing, the case must fall under the following situations - (1) the person was arrested by the law agency, however the prosecutor never filed any charges against them, (2) the case filed against them was dismissed and (3) the case was dismissed by a jury under a trial. Petitioners who are convicted of the case are not eligible to have the records sealed and destroyed.
To determine whether one has criminal records ca, doing a background check on oneself can help one learn about the arrest records filed against them. There are several public record search companies available online which offer this service free that one can avail.
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