Does an arrest stay on your record?

People can try and clean up their criminal records, even after a conviction in a process called “expungement.” But what about people who were arrested by never convicted? There is a process for that as well, and it is known as a petition for factual innocence, described in various provisions of Penal Code section 851. It’s important for many reasons, but especially for people seeking a job who are worried that a previous arrest may impact their chances. If a section 851 petition is granted, the arrest record is sealed, which means potential employers won’t have access to the records, and the person can legally represent there has been no arrest.

The factual innocence petition can be used by people:

• who were arrested but never charged with a crime
• who were charged with a crime but found not guilty at trial
• who were convicted at trial but have the conviction reversed on appeal

Getting arrested can cause many problems for a person. But for those who were never charged, or later exonerated, a factual innocence petition will help protect a reputation.