Am i eligible to seal my arrest record for PC(484a) here in California?

Under Penal Code section 851.8. (a) and (b), you can only "seal" and destroy an arrest record if you can prove that you are factually innocent of the crime. In other words, the initial burden is on the person arrested or charged with the crime to show he or she is factually innocent. The case against you must have been dismissed or not filed. In your case, you essentially entered into an agreement with the DA to have your charges dropped without being filed, by completing the Alternate Prosecution Program. Unlike my colleagues, I'm not certain that you have "admitted" guilt by taking the class. If you have evidence that you were innocent or that the police lacked "reasonable cause" to arrest you, you may succeed in a motion to seal and destroy your arrest record, depending on the specific facts of your case. Here is what a small part of the penal code section 851.8(b) states: "In any court hearing to determine the factual innocence of a party, the initial burden of proof shall rest with the petitioner to show that no reasonable cause exists to believe that the arrestee committed the offense for which the arrest was made. If the court finds that this showing of no reasonable cause has been made by the petitioner, then the burden of proof shall shift to the respondent to show that a reasonable cause exists to believe that the petitioner committed the offense for which the arrest was made..." Essentially, if you have evidence to show there was no reasonable cause for the officer to arrest you, an attorney can file a motion and argue to the court that the arrest should be sealed because there was insufficient evidence to arrest you in the first place, i.e., you are factually innocent. This is hard to do but under the proper facts it is possible. I have successfully sealed the arrest of two clients who were the victims of a mistaken arrest by careless police officers. You can always contact a criminal defense attorney for a free consultation to see if this avenue is worth pursuing. Feel free to contact me. Good luck!

There is no sealing or deleting of adult criminal history. You do not have a conviction.

The Alternative Prosecution Program is available for misdemeanor offenses in California, and the successful completion of the program results in dismissal of the charge. Therefore, if you have successfully completed the program, you do not have a criminal record. However, in order to have your arrest record sealed, you must be factually innocent, no charges were ever filed, or your case was dismissed. Because you essentially entered into a plea bargain regarding the charge, you are not eligible (under the facts you describe here) for sealing and destroying the arrest record.

By participating in the Alternative Prosecution Program, you essentially already had the charges against you "dismissed." However, you are asking if there is a way for you to "seal your arrest record," as to this matter. Based on the facts you have provided, the answer is no. Good luck.

It sounds like you did not suffer a conviction. However, you may have incurred an arrest record that might appear on background checks. What you can do is request a factual innocence motion (or 851.8 Motion) in the courthouse that dismissed your matter. You will get a hearing date in which it would be advisable that you appear for the hearing whether you get an attorney or not. If you can show that you were factually innocent of the crime alleged - essentially that the arresting officer had defective or insufficient probable cause to arrest you - then the court will remove your arrest record. Keep in mind that the burden of proof falls on you and that typically judges more inclined to uphold the arrest. If the judge does not remove your arrest record, be aware that California labor laws forbid employers from inquiring about arrests that do not result in convictions. And if they do find out about them, they cannot consider them when making hiring decisions.