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California law allows people who were arrested but never convicted to have their California arrest records sealed and destroyed as a matter of right (automatically). Sealing an arrest means the record will not show up on most criminal background checks in California, other than to law enforcement.
Sealed records are technically still there, but they are no longer part of the public record and can only be accessed and reviewed by way of a formal court order. Expunged and sealed records can sometimes show up on criminal background checks.
An expungement ordinarily means that an arrest or convictions “sealed,” or erased from a person's criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted.
While you may truthfully testify under oath that you have never been convicted of a crime when your record has in fact been expunged, the government still maintains evidence of your conviction and may use it against you in the narrow and specific circumstances allowed by state law, such as the situations described
No other employer can see any cases that are sealed. Landlords also cannot see any record that has been sealed. Law enforcement agencies, on the other hand, can still see sealed records. Law enforcement agencies include police departments, the courts, and State's Attorneys.
When your record is sealed, it means it cannot be accessed by normal means. Those considering you for employment or who you are petitioning for a loan cannot look into these records during a background check. Furthermore, you can generally legally deny that the events on your record never existed.
But once an arrest record is sealed under PC 851.87, members of the public will no longer be able to see it. The arrest record, police investigative reports, photos, fingerprints and court records will be inaccessible except for limited use by the state of California or criminal justice agencies.
Sealed records are technically still there, but they are no longer part of the public record and can only be accessed and reviewed by way of a formal court order. Expunged and sealed records can sometimes show up on criminal background checks.
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