California Diversion Record Guide
How Long Does Diversion Stay on Your Record in California?
There is no single number of years after which every California diversion record disappears. A case can involve an arrest record, court record, California DOJ criminal-history record and commercial background-check data. Successful diversion may change the legal status of the case, while separate sealing or automatic-relief laws can affect how different records are disclosed.
Quick answer
How Long Does Diversion Stay on Your Record?
- There is no universal duration.
- Case disposition and record visibility are different questions.
- Different record systems can show different things over time.
Record systems
One Diversion Case. Multiple Record Systems.
One diversion case shown across four record systems: court, California DOJ, law enforcement and commercial background data.
Court record
- Case docket and disposition
California DOJ record
- State summary criminal-history information
Law enforcement record
- Separate agency records
Commercial background data
- May come from court / public / other permitted sources
Start here
What Record Are We Talking About?
"My record" can mean several different things. The court docket, a DOJ criminal-history record, a police agency's records and a commercial background report are separate. Asking how long diversion "stays" requires asking which record.
Completion
What Happens After Successful Diversion?
Successful completion may lead to dismissal under the applicable framework. But dismissal does not mean every record is physically deleted, and separate record-relief rules may matter. See charges dropped vs dismissed.
Two questions
Dismissal vs Record Relief
Dismissal answers what happened to the case. Record relief answers how records are kept or disclosed. They are separate legal questions, often with separate processes.
Terminology
What Does "Expungement" Mean?
People often use "expungement" broadly. California has different legal procedures, including dismissal, arrest sealing, automatic record relief, statute-specific diversion protections and other petition-based remedies. They are not synonyms.
PC §851.93
Automatic Arrest Relief
Under PC §851.93, the California DOJ provides automatic arrest-record relief for qualifying records when statutory requirements and available electronic record information support it. Automatic relief is not physical deletion of the DOJ record. For detail, see SB 731 and diversion records.
PC §851.91
Petition-Based Sealing
California Courts identifies completed diversion followed by dismissal as one situation in which arrest-record sealing under PC §851.91 may be available. This guide does not give filing instructions.
Timing
Why Records Update at Different Times
Each system has its own process. A court may update a docket, DOJ may apply relief to its records, and commercial databases may refresh on their own schedules. For what different checks may show, see whether diversion shows on a background check.
Errors
What if Information Appears Incorrect?
The California DOJ offers a record review process, and courts handle court records. Legal counsel can advise on next steps.
Legal note
Record relief, employment disclosure and immigration questions need qualified legal advice.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not seal or expunge records, control court databases or DOJ, advise on employment disclosure or provide immigration advice. ETS can coordinate treatment, testing and case management while a person completes diversion.
Responsibilities
Who Does What?
Court / DOJ / record system
Maintains records and applies relief as the law provides.
Legal counsel
Advises on dismissal, relief and disclosure questions.
Record-relief process
Automatic or petition-based procedures set by statute.
ETS
Coordinates treatment support during diversion.
Questions
Frequently Asked Questions About Diversion and Your Record
Sources & Legal References
Confidential consultation
Support While You Complete Diversion
ETS can help coordinate treatment, testing and case management that counsel may find relevant.
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