According to California Penal Code 851.90 PC, it is allowed whenever a person is diverted pursuant to a drug diversion program administered by a superior court pursuant to Section 1000.5* or is admitted to a deferred entry of judgment program pursuant to Section 1000 or 1000.8, the person successfully completes the program, and it appears to the judge presiding at the hearing where the diverted charges are dismissed that the interests of justice would be served by sealing the records of the arresting agency and related court files and records with respect to the diverted person, the judge may order those records and files to be sealed, including any record of arrest or detention, upon the written or oral motion of any party in the case, or upon the court’s own motion, and with notice to all parties in the case.
Generally speaking, California Penal Code allows a defendant who is diverted according to a drug diversion program under Section 1000.5 or there is a permission to a defend entry of judgment program under Section 1000 and then the defendant completes the program, the Court has the right to seal the arrest record and court record, including all records of arrest and detention.
Everyone makes mistakes. But finding a job is hard and few employers will forgive a criminal record. It just doesn’t matter how much you have changed, or how hard you work, or what dreams you have. All that matters is that once you made a mistake in your past. You have a criminal record! The law gives an opportunity to make clear the past and create a new page of the life. Thus, the fact of sealing and destroying of your California drug diversion record gives such chance. Moreover, you can seek the Court totally remove any information about your arrest from the criminal history if it did not result a conviction.
However, if the person succeeds to destroy and seal the record, nothing will show that it has ever existed if someone decides to check it. It is even possible to say that the criminal record has never been if you will be asked about your criminal history.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We are a client-centered professional expungement law firm, not a mass-market expungement mill. When our law firm accepts your California criminal case, you can put your mind at ease. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000