California Petition to Seal Arrest and Related Records

State:
California
Control #:
CA-CR-409
Format:
PDF
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Description

This official form asks a court to clean your criminal record of arrests that did not result in a conviction. The California Petition to Seal Arrest and Related Records, also commonly referred to as “expungement”, is a legal process, available to people who have been arrested in California and have had their case dismissed, or have successfully completed probation or other court-ordered programs. By filing a Petition to Seal Arrest and Related Records, individuals may have their arrest record sealed from public view, and any related court records sealed as well. There are two types of California Petition to Seal Arrest and Related Records: a Petition to Seal and Destroy Arrest Records (Penal Code 851.91) and a Petition to Seal and Dismiss Arrest Records (Penal Code 1203.4). The Petition to Seal and Destroy Arrest Records (Penal Code 851.91) is the most commonly used type of petition, and is available to those who have had their arrest records sealed and destroyed by a judge. This type of petition is typically used by those who have been arrested, but never charged, or those who have had their charges dismissed or acquitted. The Petition to Seal and Dismiss Arrest Records (Penal Code 1203.4) is available to those who have successfully completed probation or other court-ordered programs. This type of petition allows for the dismissal of the charges, and the sealing of the record from public view. In either case, the California Petition to Seal Arrest and Related Records must be filed with the court in order for the record to be sealed or destroyed. Once the petition is filed, the court may set a hearing date for the petitioner to make their case. If the court grants the petition, the arrest record and any related court records will be sealed from public view.

The California Petition to Seal Arrest and Related Records, also commonly referred to as “expungement”, is a legal process, available to people who have been arrested in California and have had their case dismissed, or have successfully completed probation or other court-ordered programs. By filing a Petition to Seal Arrest and Related Records, individuals may have their arrest record sealed from public view, and any related court records sealed as well. There are two types of California Petition to Seal Arrest and Related Records: a Petition to Seal and Destroy Arrest Records (Penal Code 851.91) and a Petition to Seal and Dismiss Arrest Records (Penal Code 1203.4). The Petition to Seal and Destroy Arrest Records (Penal Code 851.91) is the most commonly used type of petition, and is available to those who have had their arrest records sealed and destroyed by a judge. This type of petition is typically used by those who have been arrested, but never charged, or those who have had their charges dismissed or acquitted. The Petition to Seal and Dismiss Arrest Records (Penal Code 1203.4) is available to those who have successfully completed probation or other court-ordered programs. This type of petition allows for the dismissal of the charges, and the sealing of the record from public view. In either case, the California Petition to Seal Arrest and Related Records must be filed with the court in order for the record to be sealed or destroyed. Once the petition is filed, the court may set a hearing date for the petitioner to make their case. If the court grants the petition, the arrest record and any related court records will be sealed from public view.

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California Petition to Seal Arrest and Related Records