Can You Seal or Expunge a Sex Crime Arrest in California If You Weren’t Convicted?
Introduction
Even if you were never convicted of a sex crime, the arrest itself can appear on background checks and impact your job prospects, housing opportunities, or professional licensing. Fortunately, California law now provides a pathway to seal arrest records in many cases where no conviction occurred. This can help you move forward without being haunted by a past accusation that never led to a guilty verdict.
This article explains your rights to seal or expunge a sex crime arrest in California, eligibility criteria under Penal Code §851.91, and how to begin the process.
Understanding Penal Code §851.91
Under Penal Code §851.91, individuals who were arrested but not convicted are entitled to petition the court to seal their arrest record. This applies if:
- No charges were ever filed
- Charges were filed but later dismissed
- You were acquitted (found not guilty)
- You successfully completed a pretrial diversion program
Once sealed, the arrest will no longer appear on most background checks, and you can legally state that you were not arrested in many situations. However, exceptions apply for certain sensitive occupations and law enforcement databases.
Sex Crime Arrests: Are They Eligible?
Sealing is available in sex crime cases—but with some limitations. You may not qualify if:
- The prosecution can show “a pattern” of sex offenses (multiple arrests or charges)
- The arrest involved a minor and meets criteria for public safety concerns
However, for one-time, non-violent accusations that did not result in a conviction, you are likely eligible. An experienced attorney can help you gather the necessary documentation, file your petition, and represent you in court if the prosecution objects.
