Sealing Diversion Records in Sacramento
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Sealing Diversion Records in Sacramento
Diversion programs provide an alternative to traditional criminal prosecution and allow individuals to have their charges dismissed after completing rehabilitation, treatment, community service, or other conditions. In Sacramento, sealing diversion records can help remove the stigma of a criminal record and increase opportunities for employment, housing, education, and more.
Overview of Diversion Programs
There are several types of diversion programs in California[1]:
- Pre-filing diversion – Run by the prosecutor before charges are filed. Allows individuals to avoid having an arrest on their record if they successfully complete the program. Records can be sealed under Penal Code §851.87.
- Post-filing diversion – Offered after charges are filed. Records can be sealed under Penal Code §1001.9 if charges are dismissed.
- Drug diversion – For drug offenses. Records can be sealed under Penal Code §851.90 if charges are dismissed.
- DEJ (Deferred Entry of Judgement) – Allows defendants to enter a guilty plea but defer entry of judgement while completing probation. Records can be sealed under Penal Code §851.91 if charges are dismissed.
Diversion programs provide an opportunity for rehabilitation and personal growth outside of jail or prison. Completing these programs demonstrates a commitment to positive change.
Eligibility for Sealing Diversion Records
- For pre-filing diversion, records can be sealed 1 year after satisfactory completion. Certain serious offenses are ineligible.
- For post-filing diversion, records can be sealed when the case is dismissed after completing the program. Certain sex offenses are excluded.
- For drug diversion, non-violent drug offenses can be sealed after completing the program and dismissal. Violent felonies are ineligible.
- For DEJ, records can be sealed 1 year after dismissal if all conditions are met. Violent felonies and some sex offenses are excluded.
In all cases, sealing is discretionary and individuals should not have further convictions within the waiting period. Consult an attorney to evaluate eligibility.
Process for Sealing Diversion Records in Sacramento
- Determine eligibility – Confirm program type and review exclusions. Wait the required time period after dismissal.
- Obtain records – Get copies of police reports, court records, and program completion documents.
- Complete petition – Fill out Judicial Council Form CR-409. List arrest details, programs completed, and rehabilitation efforts.
- File petition – Submit Form CR-409 along with copies and filing fee to Sacramento Superior Court.
- Attend hearing – Hearings are required for felony cases. Misdemeanors may be ruled on without hearing.
- Serve order – If granted, serve sealing order to all relevant agencies to update records.
Hiring an expungement attorney can help navigate the process, prepare paperwork, and represent you at hearings. Be patient, as it may take 6-8 weeks.
Limitations of Sealed Diversion Records
While sealing diversion records removes many barriers, some limitations remain[1][5]:
- Records remain available to law enforcement agencies and the DMV.
- Arrests must still be disclosed for government jobs, professional licensing, lottery contracts, and when testifying.
- Sealed convictions still count as “strikes” under California’s Three Strikes law.
- Immigration authorities may still access sealed records. Consult an immigration attorney.
- Private background check companies may still show sealed records until updated.
- Sealing does not destroy or erase records, only limits public access. Original records still exist in archives.
So while sealing provides major benefits, it does not erase the record completely. Knowing these limitations allows realistic expectations.
Other Options for Record Relief
Sealing diversion records is not the only option for record relief in California[5]:
- Expungement (Penal Code §1203.4) – Similar to sealing but does not require program completion. Still has many limitations.
- Factual innocence (Penal Code §851.8) – Records can be fully sealed and destroyed if found factually innocent. Hard to prove and rare.
- Reducing felonies to misdemeanors (Penal Code §17) – May avoid some felony restrictions, but does not seal.
- Certificate of rehabilitation (Penal Code §4852.01) – Restores some rights for felony convictions, but does not seal.
Consult an attorney to pursue these alternative options if diversion sealing is not applicable. Relief under multiple statutes may be possible.