California Record Clearance: Understanding Penal Code Section 851.91

Arrest Recored Sealed Stamped

If you have a criminal record in California, you may be wondering if there is any way to clear your record and move forward with your life. Fortunately, there is a process for record clearance in California under Penal Code Section 851.91.

Penal Code Section 851.91 provides a way for individuals who have been arrested or convicted of certain offenses to have their records sealed and destroyed. Here are some important things to know about record clearance under this section of the law:

  1. Eligibility: Not all offenses are eligible for record clearance under Penal Code Section 851.91. Generally, only certain misdemeanors and low-level felonies are eligible. Additionally, you must have completed your probationary period or have been discharged from custody for at least two years.

  2. Benefits: If your record is cleared under Penal Code Section 851.91, your arrest and conviction records will be sealed and destroyed. This means that potential employers, landlords, and others who conduct background checks will not be able to see that you were arrested or convicted of the offense.

  3. Process: The process for record clearance under Penal Code Section 851.91 involves filing a petition with the court and attending a hearing. You will need to demonstrate to the court that you have complied with all the terms of your sentence, that you have rehabilitated yourself, and that you deserve to have your record cleared.

  4. Assistance: If you are considering petitioning for record clearance under Penal Code Section 851.91, it is important to consult with an experienced criminal defense attorney who can help you understand your options and guide you through the process. An attorney can help you prepare your petition, gather evidence, and present your case to the court.

At Virtuoso Criminal and DUI Lawyers, a California Criminal Defense Law firm with offices in Hayward, Oakland, San Francisco, San Jose, and Manteca, we have helped many clients successfully petition for record clearance under Penal Code Section 851.91. If you are interested in learning more about this option, contact us today to schedule a free consultation.

Remember, record clearance under Penal Code Section 851.91 is not automatic and requires the court's approval. However, it can be a valuable tool for those who are looking to move past their criminal record and start fresh.