When DUI Arrest Record Sealing Applies
Not every DUI arrest leads to a conviction. Some cases never get filed, and others end in dismissal or acquittal. DUI arrest record sealing may help in those situations.
California has several sealing statutes. Each one covers a different kind of case.
No Charges Filed
Penal Code section 851.8 applies when a person was arrested and no accusatory pleading was filed. The person may petition the law enforcement agency to destroy its arrest records. A copy goes to the prosecutor.
If the agency finds the person factually innocent, with the prosecutor’s agreement, it seals the arrest records. So the standard under this section is factual innocence.
Prefiling Diversion
Penal Code section 851.87 covers people who complete a prefiling diversion program run by a prosecutor instead of a filed case. Those people may petition the superior court to seal the arrest records. The court may grant the order.
Therefore, diversion before charges can lead to sealing through the court.
DUI Arrest Record Sealing After Other Outcomes
Other statutes cover arrests that led to filed cases ending without conviction. The rules depend on how the case ended. A lawyer can match the case to the right section.
The article on California DUI expungement explains relief after a conviction, which uses different rules.
Checking the Record Before DUI Arrest Record Sealing
Before filing, see what the record shows. The California DOJ record review page explains how a person can request a copy of their own criminal history. It requires Live Scan fingerprints and a $25 processing fee, and a fee waiver may be available.
Then compare the record with court papers. Errors can be fixed through separate steps.
Employers and Sealed Arrests
Labor Code rules bar employers from asking about arrests that did not lead to conviction. So many people can lawfully decline to disclose those arrests. The guide on DUI employer disclosure rules explains details.
DMV Records
Sealing a court or arrest record does not always change the DMV record. For instance, an administrative suspension may still appear. The article on DUI record duration explains how the DMV keeps records.
DUI arrest record sealing takes paperwork and time. So gather the arrest date, agency name and case number before starting.
Also, the timing of a petition matters. For example, some sections require waiting until the case ends or a set period passes. So check each section’s timing before filing.
In addition, keep copies of every order granting relief. Those papers help if an old record appears later.