California Penal Code section 851.91 states:

(a) A person [whose] arrest … did not result in a conviction may petition … to have [the] arrest… sealed, as described in [PC] 851.92. 

1. An arrest did not result in a conviction if … 

(A) The statute of limitations has run … and [no charges were filed]. 

(B) The prosecution filed an accusatory pleading … but… 
(i) [T]he charge has been dismissed, and … may not be refiled. 
(ii) [T]he arrestee has been acquitted …. 
(iii) A conviction … [was] vacated or reversed [and can’t] be refiled. 

2. A person is not eligible for relief under this section [if]: 

(A) [Charges] may still be [filed]. 

(B) [T]he … charge,… is … murder or any … offense [with] no statute of limit[s], except when … acquitted or … factually innocent …. 

(C) & (D) The petitioner intentionally evaded law enforcement …. [If this was done by engaging in identity fraud [, then if D] was subsequently charged with a crime for that …. 

(b) (1) and (2) A petition [must contain specified information and follow specified procedures, and can be denied if it does not.] 

3. A petition … may be granted as a matter of right or in the interests of justice unless petitioner subject to paragraph

(A) A petitioner may have [the] arrest sealed only [if this] would serve the interests of justice if … the offenses [of] arrest … or, if an accusatory pleading was filed, any … charge[ ] … was …: 

(1) Domestic violence, if [there is] a pattern of [this as defined]. 

(2) Child abuse, if [there is] a pattern of [this as defined]. 

(3) Elder abuse, if [there is] a pattern of [this, as defined]. 

(ii) “[P]attern” means two or more convictions, or five or more arrests, for separate offenses occurring                           on separate occasions within three years from at least one of the other convictions or arrests. 

(B) In determining whether the interests of justice would be served … the court may consider any relevant factors,             including …: 

(1) Hardship …caused by the arrest …. 

(2) Declarations or evidence regarding … good character. 

(3) Declarations or evidence regarding the arrest. 

(4) The petitioner’s record of convictions. 

(5) The petitioner has the initial burden of proof

(C) If the court grants a petition …, the court shall

(1) Furnish a disposition report to [DOJ]

(2) Issue a written … order to the petitioner, and to the law enforcement agency … that states the arrest is deemed not to have occurred, the petitioner may answer any question … accordingly, and … is released from all penalties and disabilities …, except as provided in [PC] 851.92 and

(i) The sealed arrest may be pleaded and proved in any subsequent prosecution of the petitioner 

(ii) Petitioner [must] disclose this arrest in an application for public office, to be a peace officer, for licensure by any state or local agency, or for contracting with the … State Lottery 

(iii) and (iv) This does not affect petitioner’s authorization to own, any firearm, [or prevent a conviction for this]             [nor] any prohibition from [holding] public office. 

4. The arrest record shall be updated, as follows: 

(A) The local summary criminal history information shall include, directly next to or below the … sealed arrest, a note stating “arrest sealed” [with specified information] 

(B) The state summary criminal history information shall include, directly next to or below the … sealed arrest, a note stating “arrest relief granted,” 

5. A police investigative report … shall… be stamped “ARREST SEALED: DO NOT RELEASE OUTSIDE THE CRIMINAL JUSTICE SECTOR,” and shall [have specified information] 

6. Court records… shall … be stamped “ARREST SEALED: DO NOT RELEASE OUTSIDE OF THE CRIMINAL JUSTICE SECTOR,” and shall [have specified information]

7. [The records in (4), (5), and (6), above] shall not be disclosed to any person or entity except the person whose arrest was sealed or a criminal justice agency 

8. A criminal justice agency may continue … to access, furnish to other criminal justice agencies, and use, including … by discussing in open court and in unsealed court filings, sealed arrests, …records, … police … reports, … court records, and [related] information …, to the same extent that would have been permitted if the arrest had not been sealed which lets the DA to continue to fulfill Discovery and Brady obligations. 

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