Want to Seal a Criminal Record, When that gets done whats all sealed in it?

No such thing as sealing your record in California. You can only get a dismissal of your charges and that only applies to certain charges. If you have any questions please feel free to call me. Elliot Zarabi www.zarabilaw.com 213-612-7720

There is no sealing of a record in California, unless you are a juvenile.

Not likely except in extraordinary, and I am extraordinary, circumstances. In California, motions to seal records in both civil and criminal cases are governed by California Rules of Court, Rules 2.550 et seq. Under California law, unless confidentiality is required, court records are presumed to be open to the public. (CRC 2.550(c).) An agreement by the parties to file documents under seal is therefore insufficient. Such an arrangement “is entirely inconsistent with the mandatory requirements of rules 2.550 and 2.551 and the constitutional values informing those requirements.” (Savaglio v. Wal—Mart Stores, Inc. (2007) 149 Cal.App.4th 588, 600. ) In order to seal records, the court must “expressly find facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” California Rules of Court, Rule 2.550(d). This rule and Rule 2.551 provide a standard and procedures for courts to use when a request is made to seal a record. The standard is based on NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178. These rules apply to civil and criminal cases. They recognize the First Amendment right of access to documents used at trial or as a basis of adjudication. The rules do not apply to records that courts must keep confidential by law. Examples of confidential records to which public access is restricted by law are records of the family conciliation court (Family Code, § 1818(b)), in forma pauperis applications (Cal. Rules of Court, rules 3.54 and 8.26), and search warrant affidavits sealed under People v. Hobbs (1994) 7 Cal.4th 948. The sealed records rules also do not apply to discovery proceedings, motions, and materials that are not used at trial or submitted to the court as a basis for adjudication. (See NBC Subsidiary, supra, 20 Cal.4th at pp. 1208-1209, fn. 25.) Rule 2.550(d)-(e) is derived from NBC Subsidiary. That decision contains the requirements that the court, before closing a hearing or sealing a transcript, must find an "overriding interest" that supports the closure or sealing, and must make certain express findings. (Id. at pp. 1217-1218.) The decision notes that the First Amendment right of access applies to records filed in both civil and criminal cases as a basis for adjudication. (Id. at pp. 1208-1209, fn. 25.) Thus, the NBC Subsidiary test applies to the sealing of records.