Section 851.90 Of Chapter 5. Arrest, By Whom And How Made From California Penal Code >> Title 3. >> Part 2. >> Chapter 5.
851.90
. (a) (1) Whenever a person is diverted pursuant to a drug
diversion program administered by a superior court pursuant to
Section 1000.5 or is admitted to a deferred entry of judgment program
pursuant to Section 1000 or 1000.8, the person successfully
completes the program, and it appears to the judge presiding at the
hearing where the diverted charges are dismissed that the interests
of justice would be served by sealing the records of the arresting
agency and related court files and records with respect to the
diverted person, the judge may order those records and files to be
sealed, including any record of arrest or detention, upon the written
or oral motion of any party in the case, or upon the court's own
motion, and with notice to all parties in the case.
(2) If the order is made, the clerk of the court shall thereafter
not allow access to any records concerning the case, including the
court file, index, register of actions, or other similar records.
(3) If the order is made, the court shall give a copy of the order
to the defendant and inform the defendant that he or she may
thereafter state that he or she was not arrested for the charge.
(4) The defendant may, except as specified in subdivisions (b),
(c), and (d), indicate in response to any question concerning the
defendant's prior criminal record that the defendant was not arrested
or granted statutorily authorized drug diversion or deferred entry
of judgment for the offense.
(5) Subject to subdivisions (b), (c), and (d), 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.
(6) Sealing orders made pursuant to this subdivision shall not be
forwarded to the Department of Justice to be included or notated in
the department's manual or electronic fingerprint image or criminal
history record systems. Any sealing order made pursuant to this
subdivision and received by the Department of Justice need not be
processed by the department.
(b) The defendant shall be advised that, regardless of the
defendant's successful completion of a statutorily authorized drug
diversion or deferred entry of judgment program, the arrest upon
which the case was based shall be disclosed by the Department of
Justice in response to any peace officer application request, and
that, notwithstanding subdivision (a), this section does not relieve
the defendant of the 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 Section 830.
(c) The defendant shall be advised that, regardless of the
defendant's successful completion of a statutorily authorized drug
diversion or deferred entry of judgment program, the arrest upon
which the case was based shall be disclosed by the Department of
Justice or the court in which the matter was heard in response to any
subsequent inquiry by the district attorney, court, probation
department, or counsel for the defendant concerning the defendant's
eligibility for any statutorily authorized drug diversion or deferred
entry of judgment program in the future.
(d) A sealing order made pursuant to this section shall not apply
to any record or document received or maintained by the Department of
Justice; the court shall advise a defendant that, notwithstanding
the issuance of a sealing order pursuant to this section, the
Department of Justice shall continue to be able to maintain and
disseminate any records or documents received or maintained by the
department, as authorized by law.