Sealing vs. Expunging an Arrest Record in California: What’s the Difference?

February 20, 2025 | Ahmed & Sukaram, Criminal Defense Attorneys

Sealing or expunging an arrest record in California can result in the same thing – the arrest record is not available to the general public. However, the process for sealing vs. expunging an arrest record differs. Also, sealing records applies if you were arrested but never convicted. Expungement can be used to seal records when you are convicted of a crime.

Who Qualifies to Have Their Arrest Record Sealed in California?

According to California Penal Code §851.87, a person may have their arrest record sealed if:

• The prosecutor did not file criminal charges;
• Criminal charges were dismissed;
• They were acquitted (i.e., not guilty verdict) after a criminal trial;
• The court overturned or vacated a conviction on appeal; or,
• They successfully completed a pre-sentencing or pretrial diversion program.

Sealing arrest records as a matter of right may not apply when individuals have a history of domestic violence, elder abuse, or child abuse. Furthermore, individuals are not permitted to seal an arrest record if they:

• May still be charged with offenses related to the reason they were arrested
• Were charged with identity fraud because they used identity fraud to evade efforts to prosecute the arrest
• Were not charged because they intentionally evaded efforts to prosecute an arrest
• Were arrested for murder or another crime that does not have a statute of limitations unless they were found factually innocent or acquitted of the charges

An arrest record will not appear on most criminal background checks after it is sealed. Sealing an arrest record also means your records are destroyed, including booking photos, fingerprints, police reports, and rap sheet entries.

What Is the Process of Sealing Arrest Records in California?

When you are arrested, a record is created that becomes part of the public record. In other words, anyone running a criminal background check can find your arrest records. Furthermore, your arrest could appear on one or more public websites.

To have your arrest records sealed, you must:

• File a petition with the city or county where you were arrested
• Serve the petition to seal arrest records on the agency that prosecuted your case and the law enforcement agency that made the arrest
• Attend a hearing for your petition to present your case to a judge

Under The Clean Slate Act, misdemeanor criminal records are automatically sealed after the person has stayed out of trouble for a year as of July 2022. Most felony records are automatically sealed when the person stays out of trouble for at least four years as of July 2023.

The automatic sealing process does not apply if the person has been convicted of violent or serious felonies. They would need to petition the court to seal their record. The first step to determine whether you need to seal your record is to research the records to learn whether your record was automatically sealed or is still available to the public.

A San Jose criminal defense attorney can handle all matters related to sealing an arrest record. They prepare the paperwork and appear with you in court to present your case to the judge.

How Is an Expungement Different From Sealing an Arrest Record in California?

An expungement is post-conviction relief. You have already been convicted of the crime. Sealing a record occurs when you have not been convicted.

Expungement is the process of changing your guilty plea to a not guilty plea to have a criminal case dismissed. You may be eligible for expungement if you successfully completed probation and are not currently charged with, serving a sentence for, or on probation for a criminal defense. If you have not completed probation, you can file a petition for early termination of probation with the court.

Generally, charges that involve serious sex offenses committed against children are not eligible for expungement. These offenses include sodomy of a child, statutory rape, lewd acts with a child, and oral copulation with a child.

As of July 2024, many cases qualify to be automatically sealed. If your case does not qualify to be automatically sealed, you would need to request expungement. The process of expunging a conviction begins with filing a petition with the court. Different forms must be used depending on the circumstances of the conviction.

Because many criminal cases are now eligible to be automatically sealed, check with a criminal defense lawyer to see if your case qualifies. It may save you time and money if you do not need to petition the court.

Learn More During a Free Consultation With a San Jose Criminal Defense Lawyer

Our San Jose criminal defense lawyers at Ahmed & Sukaram Criminal Defense Attorneys help individuals facing criminal charges in California. Call our office to schedule a free consultation with an attorney. 

Contact our Criminal 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