How Long Does It Take to Seal an Arrest Record in California?

March 12, 2025 | Nafiz M. Ahmed

In California, if you were arrested but never convicted, you have the right to ask the court to seal and destroy your arrest records. Once sealed, these documents won’t appear on most criminal background checks, and law enforcement agencies must destroy items like police reports, fingerprints, and booking photos.

This legal option is intended to give defendants a fresh start, free from the stigma of an unfounded arrest. Understanding how long this process is and what steps you need to take is essential.

Eligibility for Sealing an Arrest Record

Under California law, some individuals can have their arrest records sealed if they meet certain criteria. Below is an overview of who is eligible and who is not.

No Charges Filed

If no criminal charges were ever brought against you and the period for filing charges has passed without any action, you generally meet the requirements for record sealing. This often applies to those who were arrested but never formally prosecuted.

Dismissed Charges

You may be eligible when charges were filed but later dismissed, like after a preliminary hearing.

Not Guilty Verdict

Individuals who were taken to trial and acquitted are also able to seal their arrest records. Since the arrest did not result in a conviction, you can ask the court to remove any mention of it.

Reversed or Vacated Conviction

If you were once convicted but had the judgment overturned on appeal, you may be able to seal your arrest record, provided the prosecution no longer has the option to retry the case.

Diversion or Pretrial Programs

Completion of a pre-sentencing or diversion program may also qualify you for record sealing. Courts often see these programs as successful alternatives to prosecution.

Exceptions to Eligibility

Certain serious or violent felonies still require you to file a full petition to seal your record. Additionally, individuals who must register as sex offenders are not allowed to have their records sealed.

The best way to determine your eligibility is to speak with a criminal defense lawyer as soon as possible.

Waiting Periods to Seal an Arrest Record

If you qualify to seal your arrest record, you need to wait a certain amount of time before you become eligible.

Below is a general timeline for when different scenarios become eligible for automatic relief:

Misdemeanor Arrest With No Charges: 1 year after the misdemeanor arrest
Misdemeanor Charge That Is Dismissed: Immediately after the dismissal
Misdemeanor Conviction With Probation Granted: Immediately after probation ends
Misdemeanor Conviction With No Probation: 1 year after the case closes
Felony Arrest With No Charges: 4 years after the arrest
Felony Charge That Is Dismissed: Immediately after the dismissal
Felony Conviction With Probation Granted (for non-serious, non-violent, and non-sex offenses): Immediately after probation ends
Felony Conviction With No Probation (for non-serious, non-violent, and non-sex offenses): 4 years after the felony case closes

If you’re unsure about your timeline or whether your charge qualifies, speak with an experienced attorney to figure out what steps you need to take, if any.

How Long Does It Take to Seal a Record in California?

Sealing an arrest record in California can make a big difference in your ability to move forward. Below is a breakdown of the steps involved, including how long each part usually takes.

Filing the Petition

You begin by submitting the request in the superior court where the charges were filed. If no charges were ever filed, then file the petition where the arrest took place. You must also notify the prosecuting attorney and the law enforcement agency that handled the arrest. Details like your name, birthdate, arrest information, and a statement explaining why you qualify for sealing must also be included.

Hearing

If there’s any dispute, a hearing is set to review the arrest record. This is where a judge analyzes the evidence and any objections from prosecutors or law enforcement. Having a criminal defense attorney can help ensure that all documents and arguments meet the court’s standards.

Timeframe

Sealing through the Clean Slate Act typically finishes in about a month. In other situations, you should expect approximately 90 days from filing to get a court order sealing your arrest record.

Notification & Updates

Once the sealing order is issued, the court will let law enforcement agencies and the California Department of Justice know within 30 days. The arrest record is then updated or sealed, and that information can no longer be disclosed to the public, though you and legal authorities can still access it.

If you have questions about sealing an arrest record in California, consider reaching out to a lawyer for advice. Contact us today to schedule a free consultation with our criminal defense lawyers.

Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500