Question from Timmy, Does an arrest automatically get sealed after completing a diversion program per PC 1001.95 and PC 1001.97, or is a CR-409 form necessary?
Answer from AI:
In the United States, specifically in California, Penal Codes 1001.95 and 1001.97 pertain to pretrial diversion programs. These programs are designed to give individuals accused of certain crimes the opportunity to avoid conviction and have their charges dismissed by completing specific requirements, such as counseling or community service.
Sealing of Arrest Records
Upon successful completion of a diversion program, the arrest is deemed to have never occurred. This means that, in most cases, you are not required to disclose the arrest on applications for employment, housing, or other purposes. However, the process of sealing the arrest record is not automatic.
Filing a CR-409 Form
A CR-409 form, or a Petition for Dismissal, is a legal document that you can file to have your arrest and conviction records sealed and destroyed. This is not an automatic process, and you must file this form to initiate it.
It’s important to note that while the arrest is treated as if it never occurred, the record of the arrest still exists unless it is sealed and destroyed.
Consulting a Legal Professional
While this information provides a general overview, the specifics of your situation may vary. Therefore, it’s recommended that you consult with a legal professional to understand the best course of action for your circumstances. They can guide you through the process of filing a CR-409 form, if necessary, and ensure that you understand all the implications of your arrest and diversion program completion.
Resources
- The full text of PC 1001.95 and PC 1001.97 can be found on the California Legislative Information website.
- The CR-409 form is available on the California Courts website.
Remember, this information is intended to provide a general understanding of the law and should not be construed as legal advice. Always consult with a legal professional for personalized advice.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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