If you were arrested in California and the case did not end in a conviction, you can file a motion to seal your arrest record in California under Penal Code 851.91. Before you prepare anything, check whether the state Department of Justice has already sealed it for you under Penal Code 851.93, because a large share of qualifying arrests are cleared automatically and a petition would be unnecessary work.
Check for Automatic Sealing First
Under Penal Code 851.93, the Department of Justice (DOJ) reviews statewide criminal justice databases each month and seals qualifying arrests without any filing from you. The relief applies to arrests on or after January 1, 1973 that fit one of these situations:
- A misdemeanor arrest where the charge was dismissed.
- A misdemeanor arrest where at least one calendar year has passed, no charges were filed, and no conviction resulted.
- A standard felony arrest where at least three calendar years have passed with no charges filed and no conviction.
- A felony carrying a potential sentence of eight years or more, where at least six calendar years have passed with no charges filed and no conviction.
- A case where the person successfully completed diversion or deferred entry of judgment and the charges were dismissed.1California Legislative Information. California Penal Code 851.93 – Automatic Arrest Record Sealing
Request a copy of your state criminal history from the DOJ and look for an “arrest relief granted” notation on the arrest in question. If it’s there, you’re done. If it isn’t and you believe you qualify, a petition under Penal Code 851.91 is the path.
Who Can Petition Under Penal Code 851.91
The threshold requirement is that the arrest did not lead to a conviction. Penal Code 851.91 treats the following as non-convictions:
- The statute of limitations has run on every offense the arrest could have supported, and no charges were ever filed.
- Charges were filed but dismissed, and they cannot be refiled.
- You were tried and acquitted.
- A conviction was entered but later vacated or reversed, appellate remedies are exhausted, and the charges cannot be refiled.
- You completed a diversion program or deferred entry of judgment and the charges were dismissed.2California Courts. Record Cleaning: Arrest With No Conviction
When Sealing Is Not Available
You cannot seal the arrest if any of the following are true:
- The statute of limitations has not expired and no charges have been filed. The case is still live.
- The arrest was for murder or another offense with no statute of limitations, unless you were acquitted or found factually innocent.
- You intentionally evaded prosecution by fleeing the jurisdiction or by committing identity fraud to avoid charges.
A bench warrant or failure to appear that was resolved before the case closed without a conviction does not count as intentional evasion.3California Legislative Information. California Penal Code 851.91 – Sealing of Arrest Records
Matter of Right or Interests of Justice
Which standard applies to your petition changes how much you have to argue.
Most petitioners qualify to have the arrest sealed as a matter of right. If you meet the eligibility criteria, the court must grant the petition. The judge has no discretion to deny.
The exception involves arrests for domestic violence, child abuse, or elder abuse where your record shows a pattern of similar arrests or convictions. A pattern under the statute means two or more convictions, or five or more arrests, for separate incidents occurring within three years of one another. If your arrest fits that description, you can still petition, but you must persuade the judge that sealing serves the interests of justice.3California Legislative Information. California Penal Code 851.91 – Sealing of Arrest Records
Under the interests-of-justice standard, the court weighs:
- The hardship the arrest record is causing you.
- Evidence of your good character.
- The circumstances of the arrest.
- Your overall record of convictions.
If you’re on the matter-of-right track, say so on the petition. If you’re on the interests-of-justice track, attach declarations explaining why sealing would be fair.
The Forms You Need
- Petition to Seal Arrest and Related Records, Form CR-409. This is the main filing.4California Courts. Petition to Seal Arrest and Related Records (CR-409)
- Order to Seal Arrest and Related Records, Form CR-410. Submit it blank for the judge to sign if the petition is granted.5Judicial Branch of California. Order to Seal Arrest and Related Records
- Proof of Service — Criminal Record Clearing, Form CR-106. Filed after you serve the prosecutor and arresting agency.
On the petition you’ll list your full name, date of birth, the arrest date, the arresting agency, and the case number if charges were filed. Every separate arrest needs its own petition. A wrong case number or a misidentified agency will stall things, so check each entry against your own records before you file.
Filing and Service
Where to file. If a criminal case was filed based on the arrest, file the original petition with the clerk in the court that heard the case. If no case was filed, file in the superior court that handles criminal matters in the county where the arrest happened. Bring an extra copy and ask the clerk to stamp it.6Judicial Council of California. CR-409-INFO – Information on How to File a Petition to Seal Arrest and Related Records
Serve the prosecutor and the arresting agency. Personal delivery during business hours works (get the name of the employee who accepts service), as does mail or electronic service. Service must happen at least 15 days before the hearing date.3California Legislative Information. California Penal Code 851.91 – Sealing of Arrest Records
File proof of service. After service is complete, fill out Form CR-106 and file it with the court.6Judicial Council of California. CR-409-INFO – Information on How to File a Petition to Seal Arrest and Related Records
There is generally no filing fee for a petition to seal an arrest record, but confirm with the specific superior court clerk when you file. County practices vary.
What Happens After You File
If neither the prosecutor nor the arresting agency objects, the judge will typically grant the petition without a hearing and sign Form CR-410. For matter-of-right petitions, that’s the usual outcome, and the process can move quickly once the 15-day service window passes.
If the prosecutor objects, the court sets a hearing. For matter-of-right petitions, the prosecutor’s grounds are narrow because the statute requires the court to grant relief when eligibility is met. For interests-of-justice petitions, the hearing carries more weight. You can submit declarations, evidence of good character, and proof of the hardship the record is causing. The judge weighs those against the prosecution’s concerns before ruling.3California Legislative Information. California Penal Code 851.91 – Sealing of Arrest Records
What Sealing Actually Does
A sealed arrest is not erased. Once the court signs the order, local law enforcement and court records are marked with a notice that the arrest is sealed and should not be released outside the criminal justice system. You can still access the records, and criminal justice agencies still use them in the normal course of their work.7California Legislative Information. California Penal Code 851.92 – Effect of Sealing Arrest Records
State-level records held by the DOJ are treated differently. Instead of being fully sealed, they receive an “arrest relief granted” notation. The California Attorney General’s office has confirmed that the arrest still appears on the DOJ record and may still be disclosed to certain employers and agencies authorized under Penal Code 11105.8California Attorney General. Additional Record Relief – Penal Code Section 851.92 Fingerprint-based background checks for certain licensed professions, law enforcement, and some government roles may still surface the arrest with that notation attached.
Employment and Background Checks
For most job seekers, sealing gives real protection. California Labor Code 432.7 prohibits employers, public or private, from asking about or using any arrest that did not result in a conviction as a factor in hiring, promotion, or termination, and it covers sealed records explicitly. An employer who violates the rule faces liability of at least $200 in damages per incident, or treble damages and up to $500 for an intentional violation. Intentional violations are also a misdemeanor.9California Legislative Information. California Labor Code 432.7
Private background check companies face a separate limit under federal law. The Fair Credit Reporting Act bars consumer reporting agencies from including any arrest record more than seven years old, measured from the date charges were filed.10Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports For newer arrests, sealing the court and local law enforcement records cuts off the sources commercial screeners rely on.
Commercial databases don’t update instantly. Some providers take months to reflect a sealed arrest. Sending certified copies of the court order directly to the major background check companies shortens that lag. If a report still shows a sealed arrest, you can dispute it with the screening company under the FCRA.