Being arrested—even if no charges are filed—can leave a lasting mark on your record. Many people are surprised to learn that an arrest without a conviction can still appear on background checks for jobs, housing, or professional licenses. The good news? California law provides ways to seal your arrest record and protect your future.
At Carolyn L. Oliver | Criminal Defense Law Firm, we help individuals clear their names and move forward with confidence.
Why Does an Arrest Show Up If Charges Were Never Filed?
Even if the district attorney decides not to pursue your case—or if charges are dismissed later—the record of your arrest still exists. Law enforcement booking information, mugshots, and court records may still be accessible on public databases and background checks.
Fortunately, California Penal Code Sections 851.8 and 851.91 provide legal pathways to seal or even destroy these records.
Option 1: Certificate of Factual Innocence (PC § 851.8)
If you were arrested but truly did nothing wrong, you may be eligible to petition the court for a Certificate of Factual Innocence.
To succeed under Penal Code § 851.8, you must prove:
- You were arrested but did not commit the crime;
- There was no reasonable cause for the arrest;
- You were never convicted of the offense.
If the petition is granted, law enforcement agencies must seal and eventually destroy all records of the arrest. This includes:
- Police reports
- Booking information
- Mugshots
- Court records
- Any related evidence
Timing matters: You must file this petition within two years of your arrest. While the records are sealed about 90 days after a successful petition, they are fully destroyed three years after the arrest date.
Option 2: Sealing an Arrest Record (PC § 851.91)
If proving factual innocence isn’t feasible—or if you simply want a broader legal remedy—Penal Code § 851.91 may offer a more practical path. This law allows you to petition the court to seal your arrest record without needing to prove innocence.
You may qualify if:
- You were arrested but no charges were filed
- Charges were filed but later dismissed
- You completed a diversion program
- You were acquitted at trial
Once sealed, your arrest will no longer be visible to the general public, though certain government agencies (like law enforcement) may still access it under specific circumstances.
What’s the Difference Between PC § 851.8 and PC § 851.91?
| Penal Code | What It Does | What’s Required |
| 851.8 | Seals and destroys arrest records | You must prove factual innocence |
| 851.91 | Seals arrest records from public view | You only need to meet eligibility (no burden of innocence) |
PC § 851.8 is for those who were arrested in error and can clearly demonstrate they never should have been.
PC § 851.91 is for those who were legally not guilty, even if facts are in dispute.
When All Else Fails: Context Letters from an Attorney
If you’re not eligible to seal or destroy your record, you can still work with an experienced criminal defense firm to draft a letter of explanation. These letters are often shared with:
- Employers
- Licensing boards
- Landlords
Such a letter can help clarify what happened, especially when background checks don’t tell the full story. Most background reports are vague and often confusing—even to legal professionals. A well-written legal explanation may be the difference between landing a job or license and being unfairly passed over.
Don’t Let a Record You Don’t Deserve Hold You Back
If you were arrested and no charges were filed—or if your charges were dismissed or cleared—you may still be eligible to seal or erase your arrest record. At Carolyn L. Oliver | Criminal Defense Law Firm, we can review your case, assess your eligibility, and guide you through the process from start to finish.
📞 Call us today at (858) 456-3572 to schedule a confidential consultation with one of our experienced criminal defense attorneys.
DISCLAIMER:
This article is intended for informational and marketing purposes only. It does not constitute legal advice or create an attorney-client relationship. Every case is different, and outcomes depend on individual circumstances. No result is guaranteed.
