Let’s face it. Drugs are terrible. They might be fun at first. But anytime you’re battling an addiction, the fun has gone out the window.
California criminal law recognizes that drug use and related crimes are a special type of crime. Due to the element of addiction, the courts provide for rehabilitative measures to help you get back on your feet.
One such measure is the PC 1000 (“drug diversion”) program. If you have successfully completed a PC 1000 program, then first of all, congratulations: You remained clean for 18 months and complied with the rehabilitative measures the court gave you.
However, you will still have a record showing you were arrested for, and charged with, a drug related offense.
The good news is you can seal your record to hide the fact that you were arrested or charged with the drug offense, to protect you from the possibility of employers or anyone else finding record of it (see Penal Code 851.90).
Here’s what needs to happen to get your record sealed:
- You participated in a drug diversion program pursuant to PC 1000, PC 1000.5, or PC 1000.8;
- You successfully completed that program; and
- The judge presiding over your diversion case must decide it’s “within the interest of justice” to seal the records of the arresting agency and of the court.
Here’s what you get:
- The court will seal all court records pertaining to your drug diversion case;
- You may thereafter state you were not arrested for the charge or granted a drug diversion program for the charge;
- Any record of your arrest for the charge cannot be used to deny you employment, benefit, or certificate (except, see below).
Here’s what you don’t get:
- Record of your arrest and court case with the Department of Justice will not be sealed;
- The Department of Justice can still disclose your arrest if you’re applying to be a peace officer;
- You must disclose the arrest (if directly questioned) if you’re applying to be a peace officer;
- Your arrest can still be disclosed to the District Attorney, the court, probation department, or future defense counsel in order to determine your eligibility for future drug diversion programs.
If you’d like to get your PC 1000 case record sealed, then call me at 310-200-4519, email me at paul.socaldefense@gmail.com, or contact me through my website dealing with the subject.
