ORDER TO SEAL COURT / ARREST RECORDS New 1/24/2019

Cal. Form L-501

California Superior Local Rules

L-501 ORDER TO SEAL COURT / ARREST RECORDS New 1/24/2019 Penal Code 851.90 & 851.91 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUSTICE CENTER: Central - 700 Civic Center Drive West, Santa Ana, CA Harbor - 4601 Jamboree Road, Newport Beach, CA North - 1275 N. Berkeley Avenue, Fullerton, CA West - 8141 13th Street, Westminster, CA FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: ORDER TO SEAL COURT / ARREST RECORDS Penal Code 851.90 and Penal Code 851.91 CASE NUMBER The Court rules as follows: Petition Granted.

The records are ordered sealed as described in Penal Code 851.92 as follows: Arrest / Dismissal / Acquittal: The record of arrest is deemed not to have occurred, the petitioner may answer any question relating to the sealed arrest accordingly, and the petitioner is released from all penalties and disabilities resulting from the arrest, except as provided in

Section 851.92 and as follows: • The sealed arrest may be pleaded and proved in any subsequent prosecution of the petitioner for any other offense, and shall have the same effect as if it had not been sealed. • The sealing does not relieve the petitioner of the obligation to disclose the arrest, if otherwise required by law, in response to any direct question contained in a questionnaire or application for public office, for employment as a peace officer, for licensure by any state or local agency, or for contracting with the California State Lottery Commission. • The sealing of an arrest pursuant to this

section does not affect petitioner’s authorization to own, possess, or have in his or her custody or control any firearm, or his or her susceptibility to conviction under

Chapter 2 (commencing with

Section 29800) of Division of Title of

Part 6, if the arrest would otherwise affect this authorization or susceptibility. • The sealed arrest does not affect any prohibition from holding public office that would otherwise apply under law as a result of the arrest. Successful Completion of Diversion: The petitioner may, except as specified in

Section 851.90 subdivisions (

b) and (c), indicate in response to any question concerning the petitioner’s prior criminal record that they were not arrested or granted statutorily authorized drug diversion or deferred entry of judgment for the offense. • Subject to subdivisions (

b) and (c), a record pertaining to an arrest resulting in the successful completion of a statutorily authorized drug diversion or deferred entry of judgment program shall not, without the defendant’s permission, be used in any way that could result in the denial of any employment, benefit, or certificate. • The arrest upon which the pretrial diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and does not relieve you of your obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Penal Code

Section 830. • This order to seal records pertaining to an arrest has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Penal Code

Section 851.92. Petition Denied. Date: ____________________ JUDGE/COMMISSIONER OF THE SUPERIOR COURT Court Seal CLERK’S CERTIFICATE I certify that this document is a correct copy of the original on file in the court. Date: David H. Yamasaki, Clerk of the Court # of pages: By: Deputy Clerk

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-501
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	15a4075232d9ca2355aecad5f3cee6441f98fc51

Source file is stored in the law ingest library (pdf).