Arrest Record Sealing and Expungement in California
Being arrested can follow you, even if you were never charged or the case was dismissed. Background checks, employer screenings, licensing reviews, and immigration-related reviews may still surface an arrest record when there was no conviction.
In California, there may be legal ways to clean up or limit the impact of that record.
I’m Cameron Bowman. Unlike many criminal defense attorneys, I include post-arrest record relief as a standard part of my representation when it is available. I don’t treat it as an add-on or a separate engagement. Helping you move forward after the arrest is part of the work.
I handle record relief matters throughout Santa Clara County.
What I Can Do For Your Record
If Your Case Was Dismissed or Not Filed
When a case is dismissed or the District Attorney declines to file charges, the arrest record may still appear in background checks. In these situations, I will:
- File a Petition to Seal Arrest Record under Penal Code §851.91.
- Pursue a determination under Penal Code §849.5 to have the arrest reclassified as a "detention only" where appropriate.
- Ensure updates are made with the Department of Justice (DOJ).
If You Were Convicted
A California dismissal under Penal Code §1203.4 — commonly called “expungement” — allows you to withdraw your guilty plea, re-enter a not-guilty plea, and have the case dismissed.
- PC §17(b) Motions: If you were convicted of a "wobbler" felony, I can file to reduce it to a misdemeanor before pursuing dismissal. This provides significant practical benefits for your record.
- Employment Benefits: While this doesn't erase the record entirely, it allows you to truthfully tell most private employers you have not been convicted of that offense.
Note: Not all convictions are eligible. Rules differ if you served a prison sentence or have registration-based offenses. I will provide a clear assessment of where you stand.
Common Record Relief Options in California
Petition to Seal Arrest Record
This is for cases where no conviction occurred (acquittals, dismissed charges, or no charges filed).
The Result: The arrest is deemed never to have occurred.
The Caveat: Disclosure is still required for peace officer positions, public office, and specific state licenses.
Expungement (Dismissal)
This applies after successful completion of probation.
Early Termination: If you are still on probation but have met all terms, I can petition for early termination under PC §1203.3 to accelerate your eligibility.
Clean Slate Relief (Automatic Record Relief)
California’s Clean Slate laws (AB 1076 and SB 731) provide automatic relief for many records.
The Problem: It is a DOJ notation process, not a court-ordered sealing. It is often incomplete or fails to update private background check databases.
My Role: I verify your DOJ record. If the "automatic" process failed or isn't enough, I file a manual petition to ensure the job is done.
Why Record Clearance & Expungement Matters So Much to My Clients
Most of my clients are professionals — engineers, tech workers, and executives — who made one mistake or were caught in a situation that escalated unexpectedly. They are protecting:
- Professional Licenses
- Security Clearances
- Work Visas (H-1B, L-1, etc.)
- Career Trajectories
For many, the arrest record is more frightening than the charge itself. That is why I build post-arrest relief into my defense strategy from day one.
Real Case Scenarios I Frequently Handle
The Timeline
| Action | What Happens |
|---|---|
| Sealing an Arrest | Once the case is resolved (dismissed/not filed) and the statute of limitations has run. |
| Expungement | After successful completion of probation and fulfillment of all court conditions. |
| Early Termination | Can be pursued mid-probation if all substantive terms are met. |