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Fill in the name and street address of the court that you are filing the petition in: Clerk stamps date here when form is filed. CR-409. The petition is a request to the court to seal arrest and related records under Penal Code section 851.91.California Penal Code § 851. Getting your arrest record sealed usually takes about three months once you have filed the petition. Under Penal Code 851. The Court Process for Sealing an Arrest Record Under PC 851. Arrested but not convicted, contact The Law Office of Richard Wagner for a FREE Consultation (714) 721-4423 to seal your arrest records. Can Arrest Records in California be Sealed or Expunged? Arrests will remain on your criminal record even when they don't result in a conviction. Under California Penal Code § 851.