Many people carry the weight of past arrests, even when the charges did not lead to conviction. This burden affects jobs, housing, and peace of mind. A clean record can open doors, but most do not know that California now offers relief through a law known as Penal Code 851.93. This law helps people erase the stain of arrest records without filing court forms or hiring a lawyer.
If the state dropped the charges or never filed them, you may qualify. The law acts on its own. It grants relief in the background. You might not even know it happened unless you check. That makes this law powerful, but also confusing. Many people have questions about how it works, who qualifies, and what it really means when the record says “arrest relief granted.”
This article explains the law in simple terms. You will learn what Penal Code 851.93 does, how it works, and what it means for your future. We will also cover what the relief does not cover, how to check your status, and what to do if your record still shows the arrest. If you want a second chance, this guide gives you the facts.
What Is Penal Code 851.93?
Penal Code 851.93 is a law in California. It allows the state to clear arrest records for certain people without them needing to ask. This is called automatic arrest relief. If the case never went to court or the court dismissed it, the law may apply. The state reviews cases and marks the records as cleared.
The law applies only to arrests after January 1, 1973. It does not matter if you were booked or held. The key factor is that the case ended without a conviction. The relief is automatic, which means the state must act. You do not need to file anything in court.
When the law grants relief, it adds a note to your state record. That note says, “arrest relief granted.” This helps you when you apply for a job, housing, or license. The arrest will still exist in some systems, but most people will not see it.
Who Qualifies for Automatic Arrest Relief?
Not everyone qualifies. The law lists clear rules. You may qualify if:
- Your arrest happened in California after January 1, 1973.
- No charges were filed, or the court dismissed the case.
- You have no open charges or pending trials.
- Enough time has passed since the arrest or dismissal.
The waiting time depends on the charge. If it was a misdemeanor, you must wait one year. If it was a felony, you must wait three years. For serious felonies, the state may take longer or deny relief.
You must not be on probation or parole. You must also not owe any fines or fees from the case. The law only applies if your case ended without a conviction. If you pleaded guilty or no contest, this law does not help.
How Does the Process Work?
The California Department of Justice checks records each month. It looks at arrests and court outcomes. If your case meets the rules, they mark it for relief. They add the words “arrest relief granted” to the file.
You will not get a letter or notice. The process happens in the background. You may only see the change if you run a background check on yourself. Some people use fingerprint services or court portals to check.
The state does not delete the record. Instead, it hides it from most employers and agencies. The arrest will still show in law enforcement systems. Some jobs, like police or government security, may still see the full record.
What Does “Arrest Relief Granted” Mean?
The words mean that your arrest record no longer counts against you in most situations. You can legally say you were not arrested for that case. This helps when you fill out job or rental forms.
The record still exists, but most people will not see it. Private employers, schools, and landlords usually check public records. After the relief, the arrest will not show in these checks.
The relief does not clear a conviction. It only helps with arrests that did not lead to a guilty plea or verdict. If you have other convictions, you may need to file extra forms or seek other relief laws.
Benefits of 851.93 PC Relief
This law gives people a second chance. It reduces the harm caused by past arrests. You can move forward without the past holding you back. This means better chances for work, housing, and peace of mind.
Many people do not have the time or money to go to court. This law acts without the need for legal help. That makes it useful for low-income or busy people. It also reduces court workload and improves justice.
It removes fear. Many people stay quiet about arrests. They fear rejection or shame. This relief lifts that weight. It shows that the state recognizes their right to move on.
If your case moved further before dismissal, you may also want to understand how summary judgment works under California law. See our full guide on How CCP 437c Works: California Summary Judgment and Adjudication Made Simple.
What the Law Does Not Cover
The law does not erase everything. It only applies to arrests without conviction. If you were found guilty, the arrest and outcome stay. You must use other legal steps for those.
It does not stop federal agencies from seeing the record. If you apply for a federal job or passport, the full history may appear. Some state licenses may also request full records.
The law does not give notice. If you do not check your record, you may not know your status. Also, private databases may take time to update. Some background checks may still show old data for a while.
How to Check If You Got Relief
You can request your California DOJ record using fingerprints. Many cities have live scan services. You fill a form, pay a small fee, and get the report in the mail. Look for the note “arrest relief granted.”
You can also check your court case online. Many counties have search tools. If your case says dismissed or dropped, and enough time passed, you may qualify. Still, only the DOJ record confirms relief.
If your record does not show relief but you think you qualify, you can contact the DOJ. You may also speak with a legal aid group. Some nonprofit services help people fix errors for free.
What to Do If Your Record Still Shows the Arrest
First, confirm if enough time has passed. Then check if you meet all the rules. If yes, you can file a motion with the court to ask for relief under other laws. You may also write to the DOJ with proof.
If the arrest still shows up in job or housing checks, explain the law. Show that the case ended with no charges or dismissal. Give documents if needed. You can also ask the reporting agency to update their files.
In some cases, you may need legal help. If the arrest causes major harm and the relief is not granted, a lawyer may guide you. Many counties offer self-help centers or free legal clinics.
Final Thoughts
Penal Code 851.93 is a powerful tool. It gives automatic relief for arrests that never led to conviction. It works quietly and helps many people without court fights. It removes old barriers and opens new paths.
Still, the law has limits. It does not apply to all arrests. It does not clear convictions. You must meet the time rules and other terms. You may need to check your own record to know the status.
If your past holds you back, this law may help you move on. Learn your rights. Check your records. Ask for help if needed. The relief you seek may already exist in your file.
This guide gives you a start. Always check with a legal expert for full advice if your case is complex. The law gives hope, but you must take the first step to see what it gives you.
Some legal issues involve risks beyond arrest records. If you face a civil case or fee dispute, learn how offers of judgment work in our Georgia OCGA 9-11-68 guide.
FAQs About PC 851.93 Arrest Relief
| Question | Answer |
|---|---|
| What does “arrest relief granted” mean under PC 851.93? | It means the state cleared your arrest from public view because there was no conviction. |
| Does PC 851.93 remove my arrest record completely? | No. It hides the arrest from most checks, but the record still exists in state systems. |
| Who can get relief under Penal Code 851.93? | People arrested in California after 1973 with no conviction and no open charges may qualify. |
| How do I know if my arrest got cleared? | You must request your DOJ record or run a fingerprint check to see if relief was granted. |
| Can jobs still see my arrest after relief? | Most employers cannot see it, but law enforcement and some agencies still can. |
| Do I need a lawyer to get arrest relief? | No. PC 851.93 relief happens automatically if you qualify. You do not need to file anything. |
This article is for general information only. It does not give legal advice. Always speak with a qualified attorney for help with your specific case.