CR-409-INFO

Information on How to File a Petition to Seal Arrest and Related 
Records Under Penal Code Section 851.91 

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 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.

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.

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?
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. 

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. 

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.

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. 

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.

Are there other ways to seal or limit arrest 
records?
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.

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 

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