Order to Seal a California Record

Upon receipt of an order to seal an adult, juvenile or portion of a record, the Department of Justice will seal the record or portion of the record in the Automated Criminal History System. In addition, the DOJ will notify the FBI and other law enforcement agencies that received a copy of the criminal history record, to destroy their records pursuant to applicable Penal Code or Welfare and Institutios Code guidelines Once a record is sealed, no record of the sealed arrest is released and the subject may state that he or she was never arrested for the charges. The petitoner is required to complete a Petition to Seal and Destroy Adult Arrest Records form. Upon completion of the form, the petitioner shall submit the form to the law enforcement agency with jurisdiction over the offense The petition if approved, must have concurrence with the District Attorney. If the District Attorney concurs with the petition to seal, the order is submitted to the Department of Justice. If the petition is not approved or denied by the law enforcement or District Attorney within 60 days, the petition is considered denied. The petitioner may then submit their petition to the court with jurisdiction over the offense The court will notice the District Attorney of the county with jurisdiciton over the offense of the hearing date at least 10 days in advance. The District Attorney may present evidence at the hearing to reject the pettion. Contact Criminal Defense Attorney Christine McGuire regarding orders to seal california records.