CR-409-INFO
Information on How to File a Petition to Seal Arrest and Related
Records Under Penal Code Section 851.91
What is a petition to seal arrest and related
records?
The petition is a request to the court to seal arrest and
related records under Penal Code section 851.91. A
separate petition must be filed for each arrest for which
sealing is requested.
Must anyone else get the petition?
A copy of the petition must be served (delivered by hand
or by mail) on the prosecutor of the city or county where
the arrest happened and the law enforcement agency that
made the arrest at least 15 days before the hearing on the
petition. After you have served the petition on the
prosecutor and the law enforcement agency, you will need
to file a "proof of service" with the court.
Are translations of the petition available?
Translations of the petition are available in Spanish,
Chinese, Vietnamese, and Korean at the California Courts
website at
www.courts.ca.gov/forms.htm.
Judicial Council of California
www.courts.ca.gov
New January 1, 2019, Optional Form
Information on How to File a
Petition to Seal Arrest and Related Records Under
Penal Code Section 851.91
CR-409-INFO, Page 1 of 1
This information sheet does not cover all of the questions that may arise in a case. Do not
deliver this information sheet to the court clerk.
What information do I include in the petition?
Read the petition carefully and fill out all parts of the
petition. The court may deny the petition based on
incomplete information.
Yes. You may request the court to deem an arrest a
detention under Penal Code section 849.5; request a
determination of factual innocence under section 851.8;
receive an acquittal and a determination of factual
innocence under section 851.85; have your conviction set
aside based on a determination of factual innocence under
section 851.86; and request relief after completion of a
prefiling diversion program under section 851.87.
Are there other ways to seal or limit arrest
records?
How will the court make its decision?
To have the arrest sealed as a matter of right, the court will
determine whether the arrest did not result in a conviction
(Pen. Code, § 851.91(a)(1)). The court will NOT seal the
arrest as a matter of right if (1) you may still be charged
with any of the offenses upon which the arrest was based;
(2) the arrest or case was filed for murder or any other
offense for which there is no statute of limitations (except
if you have been acquitted or found factually innocent), or
(3) you intentionally evaded law enforcement efforts to
prosecute the arrest, including by engaging in identity
fraud. (Pen. Code, § 851.91(a)(2).)
To have the arrest sealed in the interests of justice (Pen.
Code, § 851.91(c)(2)(B)), you must describe how sealing
the arrest is in the interests of justice through a personal
statement from you and/or statements from others.
What do I do with the petition once I fill it
out?
It is a good idea to take or mail an extra copy to the clerk
and ask the clerk to stamp it to show that the original has
been filed.
If a criminal case was filed based on the arrest you want to
have sealed, take or mail this petition to the clerk’s office
in the court where the case was filed.
If no criminal case was filed or charged against you, take
or mail this petition to the clerk’s office in the court that
handles criminal matters for the city or county where the
arrest happened. If you don’t know which court this is,
you may want to contact a court in the county to ask. The
clerk will give you a court date for the hearing, which
should be at least 15 days from the date you file the
petition.
What happens if the court grants my petition
(request)?
If the court grants the petition, it will send a copy of the
order to law enforcement and the California Department
of Justice to update the arrest record, noting that the arrest
is sealed. Records that are sealed under the court’s order
will not be disclosed except to you or a criminal justice
agency (which includes courts, peace officers, prosecuting
attorneys, city attorneys pursuing specific actions, defense
attorneys, probation officers, parole officers, and
correctional officers). Criminal history providers may
disclose information to other criminal history providers.
For more information, see Penal Code section 851.92.
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
