We have been dealing with a few different issues under the general topic of expungement of criminal convictions and sealing of arrest records.

Under the California Penal Code, most criminal convictions can be expunged -- including most cruising-related crimes --- after the end of the probationary period or, one year, if no probation imposed. This is helpful and should be done in every case.

In California this conviction expungement does not, however, seal the person's arrest record. That is an entirely different matter, and generally requires proof of innocence of the crime alleged. Penal Code 851.8 provides for sealing and destruction of arrest records for persons not convicted of the crime, who can prove their innocence (which does, indeed, seem to turn the "presumtion of innocence" on its head!), and the relief must be sought within prescribed time period (usualy, within 2 years of arrest, detention, or filing of criminal charges, whicheverapplies)

The person who originally asked the question was the beneficiary of a special prosecutorial diversion program in certain courts in the City of Los Angeles (Downtown, Van Nuys, Hollywood), which has been in effect for the past several years. In brief, it is a discretionary program of the LA City Attorney's office for first time offenders. A key benefit is that it provides for pre-filing diversion; if the prosepective defendant doesn't commit any crimes during a 0ne-year period, there is no filing on the original charge. A great program, but not one that has any provision to negate the fact of an arrest.

Therefore, the short answer (at last!) to the very specific question: People arrested in the City of LA, who participate in the diversion program, have no conviction (and no case filed at all); they do, however, have an arrest record. There is no specific provision in the diversion program to negate this fact. The only remedies would be those discussed above re sealing and destruction of arrest records.

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