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Executive Treatment Solutions

California Record Relief Guide

SB 731 and Diversion Records in California: What Happens After Dismissal?

Successful diversion and dismissal do not mean every criminal record simply disappears. California has several record-relief mechanisms, and SB 731 expanded parts of that framework. Automatic relief, petition-based sealing and statute-specific diversion protections are related but different concepts.

Record Relief GuideCalifornia

Quick answer

Does Completing Diversion Automatically Clear the Arrest Record?

  1. Not through one universal rule.
  2. Dismissal ends the criminal case under the applicable framework. It is not the same as sealing.
  3. Automatic DOJ relief under PC §851.93 may apply when statutory and record-system requirements are met.
  4. Petition-based sealing under PC §851.91 may matter in qualifying no-conviction cases.
  5. Some diversion statutes have their own record provisions, and other record-cleaning procedures may also exist.

Legal note

This article is general educational information, not legal advice.

After diversion

After Diversion: Dismissal Is Only One Part of the Record Question

Six-stage flow from diversion completed, to case disposition, statute-specific effect, automatic record relief under PC §851.93, petition-based relief under PC §851.91, and exceptions and disclosure rules.

  1. Diversion completed

  2. Case disposition

    Was the case dismissed under the applicable framework?

  3. Statute-specific effect

    Some diversion statutes contain their own record provisions

  4. Automatic record relief

    PC §851.93 may apply when statutory and record-system requirements are met

  5. Petition-based relief

    PC §851.91 or another procedure may be relevant depending on the record

  6. Exceptions / disclosure rules

    Some agencies, applications or legal contexts may still have access or different disclosure rules

"Dismissed," "sealed," "expunged" and "destroyed" are not interchangeable terms.

A general overview. Which stages apply depends on the statute and the record.Source: California Legislative Information — PC §851.93 and §851.91 (opens in a new tab)

The law

What Did SB 731 Change?

SB 731 amended several California record-relief statutes, including the automatic arrest-record relief law at PC §851.93. It is best understood as an expansion of existing record-relief mechanisms, not as a single standalone "diversion record sealing program."

The big picture

What Happens to a Record After Diversion?

When diversion ends, several separate questions can come up. Was the case dismissed? Does the diversion statute have its own record rule? Does automatic relief apply? Is a petition needed? Are there contexts where the record can still be seen? Each question has its own answer.

For background on diversion itself, see what pretrial diversion is in California.

Terminology

Sealing, Dismissal, Expungement and Destruction Are Different

These words are often used as if they mean the same thing. They do not.

Dismissal
The criminal case is dismissed through the applicable legal procedure.
Sealing
Public access to qualifying records may be restricted under applicable law.
Automatic relief
A statutory process may direct DOJ to apply relief without an individual petition when required information is present.
Destruction
A different and much narrower legal concept. It is not a synonym for sealing.

Automatic relief

How Does Automatic Arrest-Record Relief Under PC §851.93 Work?

California DOJ reviews statewide criminal-justice records on a recurring basis. Certain arrests may qualify for automatic relief. The statutory categories include successful completion of specified diversion programs.

Automatic relief depends on the relevant information being present in DOJ electronic records. It does not happen the moment a case is dismissed, it does not apply to every diversion case, and the court does not personally seal everything at completion.

Petition-based relief

When Can Petition-Based Arrest Sealing Matter?

California Courts identifies completed diversion followed by dismissal as one circumstance in which arrest-record sealing may be available under PC §851.91.

A petition-based route and automatic relief are not the same thing. Whether a petition makes sense in a specific case is a question for counsel.

Statute by statute

Some Diversion Statutes Have Their Own Record Rules

Several diversion laws include their own provisions about records after successful completion. Examples include PC §1001.97 for misdemeanor diversion, PC §1001.36 for mental health diversion, and the PC §1000 deferred entry framework. These provisions are not identical.

For specifics, see the PC §1001.95 guide and the PC §1001.36 guide.

Timing

Why Automatic Relief May Not Look Instant

Automatic relief runs through DOJ's recurring review of its own records. If information is missing or delayed, relief may not appear when someone expects it. Court, DOJ and private databases also update on different schedules.

Important caution

What Can Still Be Seen After Relief?

A sealed or relieved record is not invisible in every context.

Important

A Sealed or Relieved Record Is Not Invisible in Every Context

Different rules may apply to criminal justice agencies, peace-officer applications, professional licensing, immigration, security-sensitive employment and other statutory disclosure obligations. This article does not give licensing or immigration advice; ask a qualified lawyer about your situation.

Record systems

What if a Record Has Not Updated Correctly?

The court, California DOJ, local law enforcement and private background-check companies can all hold different versions of a record, with different timelines. If a record looks wrong, a lawyer can review the specific record and explain possible case-specific relief. ETS cannot fix these record systems.

What ETS can and cannot do

Where Executive Treatment Solutions Fits

ETS may organize treatment records, testing records, attendance and case-management records, and authorized progress information during diversion. ETS does not seal records, file legal petitions as counsel, control DOJ databases, guarantee dismissal or automatic relief, or determine legal disclosure obligations.

Dismissal and record-relief decisions belong to the court, DOJ processes and counsel.

Responsibilities

Who Does What?

Court

Rules on dismissal and petition-based relief under the law.

California DOJ

Applies automatic relief when statutory and record requirements are met.

Defense counsel

Evaluates the record and any case-specific relief.

ETS

Organizes authorized treatment, testing and attendance records.

Questions

Frequently Asked Questions About SB 731 and Diversion Records

Not through one universal rule. Dismissal, automatic DOJ relief, petition-based sealing and statute-specific diversion provisions are separate concepts. Which ones apply depends on the case.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains how California record relief may relate to diversion. It is not legal advice and cannot predict what will happen to any record.

Confidential consultation

Organized Support Through Completion

If diversion is underway, ETS can help coordinate treatment, testing, monitoring and case management and organize authorized records, while defense counsel handles dismissal and record relief.

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ETS does not provide legal representation, seal records or guarantee dismissal or record relief.

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