In California, one form of post-conviction relief (PCR) is to have your record sealed. This can be done through a court order, so it is very important to know the correct legal steps to take to request that the record be sealed and make your case.
If that request is granted, then, does that mean that the record has been erased? After all, many people want to seal their records because they would like a fresh start, so it would be best for them if that record did not exist at all.
It is sealed from public view
The record does still exist, but sealing it hides it from public view. Technically, it can be unsealed in some situations with another court order, or certain branches of government may still be able to access it. If you are arrested for a crime in the future, for instance, the authorities may be able to see that you had a prior arrest.
But the benefit of sealing the record is that it can allow you to move forward with your life as if that conviction did not happen.
Many people struggle to find employment because they have a permanent record, for example, even though it may be decades old. Once the record has been sealed, if a prospective employer runs a background check, it is not going to come up. This can allow people to rebuild their lives after serving their sentence, so it is a very valuable form of post-conviction relief, even though the record is not technically erased.
As noted above, this is a complex legal process and you must know exactly what steps to take to explore your post-conviction relief options.