How to Fill Out Form CR-409: PC 851.91 Petition to Seal Arrest Records

To fill out Form CR-409, you enter your identifying information, the arrest details, and the legal basis for sealing on California’s Judicial Council petition, then file it in the superior court for the county where the arrest happened and serve the prosecutor and arresting agency. The form itself is short; the work is making sure every field is accurate and that you have identified the right eligibility track under Penal Code Section 851.91. Form CR-409 is technically optional — you can draft your own petition — but the official form is easier and lowers the odds of leaving out something the court requires.¹

Confirm You Qualify Before You Fill Anything In

The form asks you to state a legal basis for sealing, so settle that before you start typing. Under Penal Code 851.91, you can petition to seal any arrest that did not result in a conviction, which means one of three things is true: the statute of limitations has expired on every offense tied to the arrest and no charges were filed; charges were filed but dismissed and cannot be refiled; or you were acquitted at trial.²

If you meet one of those conditions, you are generally entitled to sealing as a matter of right, and the form will reflect that. There is a second track for arrests involving domestic violence, child abuse, or elder abuse where your record shows a pattern of similar arrests or convictions. A “pattern” means two or more convictions, or five or more arrests, for separate offenses on separate occasions within three years of at least one other qualifying conviction or arrest.² Those petitions proceed in the interests of justice, and the form will need supporting attachments.

Some arrests cannot be sealed at all. Arrests for murder or any other offense with no statute of limitations are off-limits unless you were acquitted or found factually innocent.² If you are currently facing charges based on the same arrest, the petition cannot go forward until those charges resolve.

Gather Your Records First

Incomplete or incorrect entries on CR-409 can lead the court to deny the filing outright.¹ Have these details in hand before you open the form:

The exact date of arrest, not an approximation.
The name of the law enforcement agency that made the arrest or handled the booking.
The city and county where the arrest took place.
The case or booking number, which links your petition to the correct records.
The specific charges listed in the arrest or accusatory pleading.
The basis for your eligibility: expired statute of limitations, dismissal without possibility of refiling, or acquittal.

If any of this is missing, request a copy of your own criminal history from the California Department of Justice. The DOJ charges $25 for processing, and you submit fingerprint images through a live scan provider.³ A fee waiver is available if you receive public assistance such as CalFresh, Medi-Cal, or disability benefits, have low household income, or have no income.⁴ The waiver covers the $25 DOJ fee only; the live scan provider still charges separately.

Working Through the Form

You can download Form CR-409 from the Judicial Council website or pick it up at any superior court clerk’s office. Before you start, read the companion instruction sheet, CR-409-INFO, which explains each section and what counts as sufficient information.

Caption and Case Information

The top of the form asks for your name, the court’s name and address, and a case number if one was assigned to the arrest. The correct court is the Superior Court of California in the county where the arrest occurred. If charges were filed, use the court that handled that case; if no charges were ever filed, use the superior court that handles criminal matters for the city or county of the arrest.⁵

Arrest Details

Fill in the arrest date, the arresting agency, the city and county of the arrest, the booking number, and the specific charges. Match the charges to what appears in your arrest paperwork or accusatory pleading rather than paraphrasing them.

Basis for Eligibility

The form asks you to select why the arrest qualifies for sealing. The choices track the statute: the statute of limitations has run and no charges were filed; charges were filed but dismissed without the possibility of refiling; or you were acquitted. Choose one and be sure the arrest details you entered above are consistent with it.

Attachments for an Interests-of-Justice Petition

If you are not proceeding as a matter of right, you must attach declarations explaining the hardship the arrest record has caused you and evidence of good character or rehabilitation. The court weighs those attachments alongside the circumstances of the arrest and your overall conviction record when deciding whether sealing serves the interests of justice.

Filing and Fees

Once the form is filled out, file it at the clerk’s office of the court identified in your caption. The petition must reach the court at least 15 days before any hearing date.² Some California courts accept e-filing for this petition; others require in-person or mailed delivery, so check with the clerk before you go.

Filing fees vary by court, and some do not charge one for this petition. If a fee applies and you cannot afford it, submit a Request to Waive Court Fees (Form FW-001) with the petition. You qualify if you receive Medi-Cal, CalFresh, SSI, CalWORKs, county general assistance, IHSS, CAPI, unemployment compensation, or similar benefits, or if your income is too low to cover both basic household needs and court costs.⁶

Serving the Prosecutor and Arresting Agency

After filing, serve a copy of the petition on the prosecuting attorney’s office in the city or county where the arrest occurred, and on the law enforcement agency that made the arrest. Service must happen at least 15 days before the hearing.⁷

You may serve the petition yourself if you are 18 or older, or you can have another adult do it. Three methods are acceptable:¹

Personal delivery to an employee at each office during business hours; get that employee’s name for your proof of service.
First-class mail, or certified mail with return receipt requested.
Electronic service, permitted only if both offices accept it. The court may ask for proof of their consent.

Once both parties have been served, file a proof of service with the court using Form CR-106. Skipping this step, or filing it late, can sink an otherwise strong petition.

The Hearing and the Court’s Decision

At the hearing, you, the prosecutor, and the arresting agency (through the prosecutor) can present evidence. The court can consider declarations, affidavits, police investigative reports, criminal history information, and any other relevant and reliable material.² You carry the initial burden to show that you qualify as a matter of right or that sealing serves the interests of justice. If you meet it, the prosecutor then has to demonstrate why sealing should be denied.

When a petition is filed as a matter of right and neither the prosecutor nor the arresting agency objects, many courts handle the matter without a contested hearing. Interest-of-justice petitions, and cases where the prosecutor opposes sealing, will almost always involve a live hearing.

If the judge grants the petition, the court sends a copy of the order to you and to the prosecutor. Within 30 days, the court forwards it to the arresting agency, any other law enforcement agency that participated in the arrest, the agency maintaining local criminal history records, and the California Department of Justice. Local records get a note reading “arrest sealed”; state-level records get a note reading “arrest relief granted”; and police reports and court records are stamped with a notice against release outside the criminal justice sector.⁸

When You Still Have to Disclose the Arrest

Sealing restricts who can see the record; it does not erase it. Criminal justice agencies retain full access.⁸ California law also requires you to disclose the arrest when applying for public office, employment as a peace officer, a state or local license, or a contract with the California State Lottery Commission.⁹

If you are not a U.S. citizen, sealing under California law does not erase the arrest for federal immigration purposes. USCIS requires applicants for naturalization and other benefits to disclose all arrests regardless of state-law sealing, and can request certified dispositions or move the court itself to obtain sealed records.¹⁰¹¹ Talk to an immigration attorney before treating a sealed arrest as something you do not need to disclose on a federal form.

1
Judicial Council of California. Information on How to File a Petition to Seal Arrest and Related Records
2
California Legislative Information. California Penal Code 851.91
3
California Department of Justice – Office of the Attorney General. Criminal Records – Request Your Own
4
State of California – Department of Justice – Office of the Attorney General. Apply for a Fee Waiver
5
Judicial Council of California. Petition to Seal Arrest and Related Records
6
Judicial Council of California. Information Sheet on Waiver of Superior Court Fees
7
California Legislative Information. California Code PEN 851.91
8
California Legislative Information. California Penal Code 851.92
9
California Courts. Record Cleaning: Arrest With No Conviction
10
U.S. Citizenship and Immigration Services. Policy Manual – Volume 12, Part F, Chapter 2: Adjudicative Factors
11
U.S. Citizenship and Immigration Services. Policy Manual – Volume 12, Part F, Chapter 3: Evidence and the Record