Sealing an Arrest Record in California – California Penal Code § 851.91

What Is a Motion to Seal an Arrest Record?

Under California Penal Code § 851.91, you can ask a court to seal your arrest record if the arrest did not result in a conviction or if the charges were later dismissed. Sealing your record means the arrest will no longer appear in public background checks, and you may legally answer that you were not arrested for that offense in most situations.

This process is not the same as an expungement (which applies to convictions). Instead, record sealing under § 851.91 focuses on clearing your arrest history, giving you the chance to move forward without being judged by an arrest that never resulted in guilt.

Who Qualifies to Seal an Arrest Record?

You may be eligible to have your arrest record sealed if any of the following apply:

  1. You were arrested but never charged.
  2. The prosecutor filed charges, but they were dismissed and cannot be refiled.
  3. You were acquitted (found not guilty) in court.
  4. You completed a diversion or deferred-entry program, and the charges were dismissed.

Additionally, automatic arrest sealing now applies in many cases under Penal Code § 851.93, which instructs the Department of Justice to automatically seal arrests that did not lead to convictions once the statutory waiting period passes. However, many people still file petitions under § 851.91 to ensure the process is completed properly and quickly.

Who Is Not Eligible?

There are certain exceptions where sealing may not be granted. You generally cannot seal your arrest record if:

  • You may still be prosecuted for the offense;
  • The arrest was for an offense not eligible for sealing because of a pattern of domestic violence, child abuse, or elder abuse;
  • You intentionally evaded law enforcement or the court to avoid prosecution;
  • You have active charges or outstanding warrants related to the same case.

Even when an exception applies, a court still has discretion to seal the record if doing so would serve “the interests of justice,” so it’s important to have an attorney who knows how to argue for that outcome.

What Happens When an Arrest Record Is Sealed?

Once a court grants your motion to seal under § 851.91, the record is sealed at the local law enforcement agency, the Department of Justice (DOJ), and the court’s public docket.

From that point forward:

  • The arrest will not appear on most background checks used by employers, landlords, or licensing boards;
  • You may legally answer that you were not arrested for that offense;
  • Law enforcement and certain licensing entities (such as the California State Bar, peace officer agencies, or state contractors boards) may still access the sealed record for limited purposes.

The DOJ and local law enforcement must update their databases within 30 days of the court’s order.

How the Process Works

  1. Determine eligibility with a qualified attorney.
  2. File a Petition to Seal Arrest and Related Records (Form CR-409) in the court that handled or would have handled your case.
  3. Serve the petition on the prosecuting agency (usually the District Attorney or City Attorney).
  4. Attend a hearing, if required, where your attorney can argue why the sealing should be granted.
  5. Obtain the court order and verify that all records have been sealed with law enforcement and the DOJ.

Why You Should Act Quickly

Even with automatic relief under newer laws, the process can take months or years for DOJ implementation. A formal motion under § 851.91 can get your record sealed much faster, especially if you are actively seeking employment, housing, or professional licensing.

Why You Should Hire Radford & Rome, LLP

At Radford & Rome, LLP, our attorneys are former prosecutors who understand how police reports and arrest data are stored, accessed, and challenged in court. We use that experience to draft persuasive sealing petitions, coordinate directly with local agencies, and ensure that your records are fully cleared—not just marked inactive. We represent clients throughout Los Angeles, Riverside, San Bernardino, Ventura, and Orange Counties in motions to seal and destroy arrest records. If you’ve ever been arrested and want to put it behind you, contact Radford & Rome, LLP for a free consultation. We’ll review your case, confirm eligibility, and take every legal step to restore your clean record.