Additional Record Relief - Penal Code section 851.92

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The California Department of Justice (Department) is providing the below information as a general overview of Penal Code section 851.92 and the actions the Department takes under it. It should not be considered legal advice and is current as of December 2, 2024.

Penal Code section 851.92 prohibits disclosing a person's criminal history information to specified entities. When courts issue an order sealing the arrest record under Penal Code section 851.92, court and law enforcement agencies seal their local records and may only disclose sealed arrests to the individual and criminal justice agencies. Unlike court and law enforcement records, the Department's state summary criminal history information records are not sealed and are only to be updated with a note stating “arrest relief granted” and will only be disclosed to employers or other agencies in response to a fingerprint background check if permitted under Penal Code section 11105, subdivisions (k)-(p).

Frequently Asked Questions (FAQs) regarding Section 851.92: Members of the Public

Question:

I reviewed my record as described on the “Criminal Records - Request Your Own” page. I see a notation of arrest relief granted pursuant to Penal Code sections 851.87, 851.90, 851.91, 1000.4, and 1001.9, but why is the arrest still on my record? What do I need to do to get it removed from my record?

Answer:

Penal Code section 851.92 requires the Department to make a note stating “arrest relief granted” on the person's state summary criminal history information record. The arrest still stays on the person's record. The arrest may still be disclosed to prospective employers pursuant to Penal Code section 11105 and available to other agencies consistent with other provisions of law.

However, if you are seeking additional relief, such as resentencing, dismissal, sealing, or reduction of charges, then you will need to file a petition or application with either the court or the arresting law enforcement agency.

Frequently Asked Questions (FAQs): Employers and Licensing and Certification Agencies

Question:

We received an applicant response that includes a notation of relief under Penal Code section 851.92. What does that mean?

Answer:

A notation of relief means that the arrest was granted relief by either the court or arresting law enforcement agency. Please consult your legal counsel to determine whether you can consider that arrest for employment, licensing, or certification purposes pursuant to Penal Code section 11105 and/or other provisions of law.