Some California arrests qualify for automatic record relief without a court petition. Penal Code section 851.93 directs monthly DOJ review of eligible arrest records dating from January 1, 1973. The outcome matters: no filed case, a dismissal, an acquittal and completed diversion are not interchangeable. Confirm both the relevant condition and whether relief was actually recorded before assuming an old arrest has been addressed.
Identify what happened after the arrest
Section 851.93(a)(2) lists qualifying conditions rather than one universal waiting period. Begin with the arrest record and any prosecutor or court disposition:
| Situation to verify | Statutory condition to check |
|---|---|
| Misdemeanor arrest followed by dismissal | The misdemeanor charge was dismissed |
| Misdemeanor arrest with no indication of proceedings | At least one calendar year after arrest, with no conviction |
| Felony arrest with no indication of proceedings, outside the eight-year-or-more punishment category | At least three calendar years after arrest, with no conviction |
| Arrest in the statute’s eight-year-or-more punishment category, with no indication of proceedings | At least six years after arrest, with no conviction |
| Acquittal | The statute separately addresses acquittal of charges arising from the arrest |
| Completed diversion | The completed program must fit a diversion provision specifically listed in the statute |
The one-, three- and six-year rules should not be carried over automatically to an acquittal or another qualifying branch. The felony punishment category depends on the offense identified in the statute; it is not the time a person actually spent in custody. A missing online court entry also does not establish that proceedings were never initiated.
Gather the actual dismissal, acquittal or diversion-completion record where one exists. A felony dismissal should not be treated as though it automatically falls within the separately stated misdemeanor-dismissal condition. Counsel can compare the complete disposition with the applicable statutory path.
Check for relief without treating it as record destruction
Section 851.93(b) calls for relief without a petition or motion when the required electronic information is present. It requires an “arrest relief granted” notation, the date and statutory section. Subject to the exceptions, the law treats the relieved arrest as not having occurred and releases the person from resulting penalties and disabilities.
The DOJ’s automatic-relief guidance explains that its state-summary entry remains with a notation. Notification goes to the court; individuals are not automatically notified. You may check your own DOJ record and contact the court about its update. Automatic relief does not mean the underlying state entry is physically destroyed.
If the record is inaccurate or incomplete, the DOJ record-review procedure describes submitting the supplied BCIA 8706 form with supporting information. Identify the disputed entry and the document that corrects it. The mere absence of a relief notation is not, by itself, proof of an error or a reason to submit an unsupported correction.
The exceptions affect how you use the result
Under section 851.93(d), a direct arrest question for peace-officer employment still requires disclosure. Criminal-justice agencies retain access and use. Relief does not prevent prosecution within the applicable limitation period, restore firearm rights, or remove every public-office or care-related consequence.
These exceptions matter before answering a particular application or assuming an investigation cannot continue. Save the relevant form or notice for review alongside the relief record.
When a separate petition may still be useful
Section 851.93 preserves other arrest-relief procedures. A petition to seal an arrest record has its own requirements and is different from asking whether DOJ already granted automatic relief. The right next step may be confirming the existing notation, correcting documented information, or assessing another remedy.
The Law Offices of David S. Chesley can review the arrest, disposition and specific record concern. Bring those documents when you contact the firm, or call (800) 755-5174.