Pre-filing Diversion Now Allows for Sealing of Arrest Records
Penal Code sec. 851.87 effective January 1, 2014
People who complete a pre-filing diversion program administered by the prosecution can now petition the court to have their arrest records sealed. This allows the person to respond to questions relating to whether they have ever been arrested by truthfully stating “no.”
Previously, the relief provided by the pre-filing diversion programs was limited to dealing with convictions and court records. This new law extends the benefit to include the permanent sealing of even the record of arrest. Effectively, the net result is that the entire incident never happened.