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Sealing an Arrest Record in California When Charges Were Dropped

Law Offices of William W. Bruzzo — Tue, 25 Aug 2026 16:42:56 GMT

If your California charges were dropped, the arrest itself can often still be cleared, either automatically by the state or through a petition you file in court. Those are two different processes, and most people hear about only one.

At the Law Offices of William Bruzzo, we help people work out which route applies. Orange County Criminal Defense Lawyer William Bruzzo has filed these petitions across the county. What follows is general information rather than advice on your situation.

Does a Dropped Charge Clear Itself?

Some California arrests do clear on their own, with no petition and no fee. Under Penal Code Section 851.93, the state Department of Justice reviews its databases monthly and grants arrest record relief automatically. A misdemeanor arrest where the charge was dismissed qualifies with no waiting period at all. Where no criminal proceedings were initiated, the wait is at least one calendar year for a misdemeanor and at least three for most felonies, rising to six years where the offense is punishable by eight years or more.

That relief is narrower than a court order. It does not reach peace officer applications, criminal justice agency access, firearm eligibility, or public office. Before paying to file anything, pull your own record. The state’s self-help guide for arrests that did not result in conviction sets out how.

Who Qualifies to Petition Under Penal Code 851.91

California law makes sealing available as a matter of right in four situations, set out in Penal Code Section 851.91:

The limitations period ran out and no charges were ever filed.
Charges were filed and dismissed, and they cannot be refiled.
The case ended in an acquittal.
A conviction was vacated and cannot be refiled.

You cannot petition while still subject to prosecution, and the route is closed for murder and other offenses with no limitations period unless you were acquitted or found factually innocent. Where a conviction actually happened, the process that may apply instead is expungement under Penal Code Section 1203.4.

Domestic Violence and Child Abuse Arrests Follow a Different Rule

California treats a pattern of these arrests differently under Penal Code Section 851.91. Two or more convictions, or five or more arrests, for separate domestic violence, child abuse, or elder abuse offenses on separate occasions within three years of one another moves your petition off that track. Sealing then turns on the interests of justice, weighed against hardship to you and your record.

Where You File in Orange County, and What Sealing Actually Does

Orange County routes these petitions to the justice center serving the city where the arrest happened, under the court’s criminal record-clearing guidance: Central in Santa Ana, Harbor in Newport Beach, North in Fullerton, West in Westminster. Your petition must be verified and served on the prosecutor and the arresting agency at least 15 days before the hearing.

Sealing changes what the record shows rather than erasing that it exists. What follows a granted order is set out in Penal Code Section 851.92. The court notifies the arresting agency and the Department of Justice within 30 days, and reports carry a stamp directing that they not be released outside the criminal justice sector. Agencies keep their access.

Ask an Orange County Criminal Defense Lawyer About Clearing Your Arrest Record

Dropped charges and a clean background check are not the same thing. At the Law Offices of William Bruzzo, we have spent over 30 years on questions like this one, and we can tell you which route fits your record.

Call (714) 547-4636 or contact us online to talk it through. The consultation costs nothing, stays confidential, and we pick up at any hour. El Abogado Habla Español.

The Impact of Criminal Charges on Future Employment

Law Offices of William W. Bruzzo — Fri, 05 Apr 2024 23:59:27 GMT

Navigating the job market can be tough as it is, but for individuals with a criminal record, the challenges can be significant. From limited job opportunities to difficulties obtaining professional licenses, the impact of a past conviction can be far-reaching.

One major hurdle is the job search. Employers often conduct background checks, and a criminal record might raise red flags, even if it does not directly relate to the job requirements.

While qualifications and interview performance play a role, a criminal record can be a deciding factor, potentially narrowing down career options and limiting long-term prospects. This does not mean a criminal record is an insurmountable barrier.

In many cases, an attorney can help people facing criminal charges mitigate the impact that their case will have on future employment. To learn more, contact us today to speak with an Orange County criminal defense lawyer.

Background Checks During Job Searches

When you are facing criminal charges, one of the biggest concerns that may arise is how it will affect your future employment opportunities. In today’s competitive job market, many employers conduct background checks to screen potential candidates.

This means that your criminal record could potentially come to light during a job search, which could significantly impact your chances of securing employment.

Limitations on Career Choices

Having a criminal record can limit your career choices in several ways. Certain industries, such as education, healthcare, and finance, have strict regulations and requirements when it comes to hiring individuals with criminal backgrounds.

This means that even if you have the qualifications and skills necessary for a particular job, your criminal record could prevent you from being considered for employment. Additionally, some employers may have company policies that prohibit them from hiring individuals with certain types of criminal records.

This could further narrow down your options and make it more challenging to find suitable employment.

Intersection of Criminal Records and Professional Licensing

In many professions, obtaining a professional license is a prerequisite for employment. However, a criminal record can pose a significant obstacle when it comes to obtaining or maintaining such licenses.

Licensing boards often conduct background checks and consider an applicant’s criminal history in their decision-making process. Certain criminal convictions, especially those related to fraud, theft, or violent offenses, may automatically disqualify you from obtaining certain professional licenses.

Even if your offense is unrelated to the profession you wish to pursue, it could still raise concerns about your character and suitability for the role.

What Employers Cannot Ask In California

In California, there are strict laws in place to protect individuals with criminal records from discrimination during the hiring process. Under California law, employers are prohibited from asking certain questions about an applicant’s criminal history until a conditional offer of employment has been made.

Employers are not allowed to ask about arrests that did not result in conviction, participation in diversion programs, or convictions that have been sealed or expunged by the court. Furthermore, they cannot inquire about misdemeanor convictions that are over three years old or felony convictions that are over seven years old

Strategies for Addressing Criminal Records

If you are facing criminal charges while seeking employment, it is crucial to seek the guidance of an experienced Orange County criminal defense attorney. They can help you understand your rights, navigate the complexities of the legal system, and develop strategies to address your criminal record during the job search process.

One possible strategy is to seek expungement or record sealing, depending on the circumstances of your case. Expungement allows you to have certain convictions dismissed and sealed from public view.

This can greatly improve your chances of obtaining employment, as potential employers will not have access to those records during background checks. Another strategy is to be upfront and honest about your criminal record when asked about it.

While it may feel uncomfortable, providing a sincere explanation of your past mistakes, the steps you have taken towards rehabilitation, and your commitment to personal and professional growth can help employers see you in a more favorable light.

Contact an Orange County Criminal Defense Lawyer Today

If you or someone you know is facing criminal charges in Orange County and is concerned about the impact on future employment, contact the Law Offices of William W. Bruzzo at (714) 547-4636. Our experienced team understands the intricacies of the local courts, the judges, and the district attorneys.

We can provide the guidance and representation you need to protect your rights and mitigate the potential negative consequences on your opportunities for employment. Call us or contact us online to schedule a free consultation.

How to Remove Prior Criminal Convictions for Immigration Purposes

Law Offices of William W. Bruzzo — Thu, 01 Aug 2013 02:44:00 GMT

Many people convicted of crimes who are not American citizens find that certain convictions can prevent them from becoming citizens or at least make it much more difficult to do so. Generally, but not always, felony convictions having to do with violence, drug sales and other offenses can cause an individual to have great hardship in this regard even though many years have passed since the offense occurred.

Immigration Attorneys who are representing individuals with criminal convictions that are blocking progress toward citizenship may direct their clients to contact a criminal defense attorney to see about vacating (removing) the conviction so that the conviction is no longer a hindrance toward obtaining citizenship.

A criminal defense attorney can look to see whether there was a mistake made in the underlying case. For example, was the Defendant properly advised of the maximum punishment he was subject to? Was he properly advised of his trial rights? And finally, was he properly advised as to the immigration consequences?

Any one of these issues can lead to the conviction being vacated. An experienced criminal defense attorney should be able to examine the guilty plea forms and the advisement of rights and make a determination whether there is a flaw which may permit a successful motion to vacate the conviction or a withdraw of the guilty plea.

Even if the Defendant appears to have been properly advised as to his rights, an attack may be made on the advisement of immigration consequences. The United States Supreme Court held in Padilla v. Kentucky that even if the court does advise the Defendant that deportation is a possible consequence, that advisement is not necessarily sufficient. The Defendant must be properly advised by his criminal attorney at the time as to his particular potential immigration consequences.

The idea being that the Supreme Court does not think a boilerplate advisement of consequences is sufficient and that the Defendant is entitled to an informed discussion on whether his particular circumstances are such that with a guilty plea he will in fact be subject to deportation or other immigration consequences.

Penal Code Section 1016.5 specifically states what the immigration advisement must be for cases after 1978. It reads as follows:

If you are not a citizen, you are hereby advised that conviction of this offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

Notably, some older cases do not contain this language in its entirety and as such the conviction may be overturned and the case dismissed. As mentioned above, even if this advisement is properly administered to the Defendant he may still challenge the conviction on the ground that the advisement was not sufficient because his lawyer at the time did not properly advise him on his particular immigration situation.

Criminal Record Impacts Employment

Law Offices of William W. Bruzzo — Wed, 25 Nov 2009 04:13:00 GMT

In today’s economic environment many people are seeking employment and new career paths. Oftentimes job seekers are surprised to learn that prospective employers will not only secure a credit report on the applicant, but also a criminal record report. Employers become very selective and may never give an applicant a second glance if a criminal record exists. Your criminal record impacts your employment possibilities. Here is an interesting article from the Wall Street Journal.

If you have a criminal record, no matter how old you were at the time of the conviction, there are three different legal methods for cleaning up your criminal record. The first is an Expungement; the second is a Certificate of Rehabilitation; and the third is a Pardon.

Here is a real-life example of one client’s experience when a past criminal record threatened to impact securing a state license for a new career.

CERTIFICATE OF REHABILITATION (California Penal Code Section 4852.01 and sequential)

“I was convicted of the criminal charge concerning conspiracy to sell a controlled substance under Health and Safety Code Section 11352 over 20 years ago in an Orange County Superior Court. I was sentenced to three years of formal probation, which I successfully completed, with a suspended state prison term of five years. I was 26 years old at the time and this has been the only criminal offense on my record. I applied to the Respiratory Care Board of California to become licensed as a respiratory therapist, but my application was denied as a result of my criminal record. This cut my salary in half. I was informed that to “clean” my record, I had to do an Expungement, Certificate of Rehabilitation and Pardon. A Certificate of Rehabilitation is the second step toward a Pardon. Mr. Bruzzo filed a Certificate of Rehabilitation on my behalf, which was GRANTED. Because it was granted, the Certificate of Rehabilitation became an automatic Pardon application. Mr. Bruzzo’s legal knowledge and experience truly benefited me in my case.” ~ GA Date:11/10/09