CR-409-INFO - Information on How to File a Petition to Seal Arrest and Related Records

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Information on How to File a Petition to Seal Arrest and Related Records

Text

Form ID: CR-409-INFO
Title: Information on How to File a Petition to Seal Arrest and Related Records
Effective Date: 2024-01-01
Mandatory Form: no
Languages: 汉语, 한국어, español, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-409-INFO
Primary Download URL: https://www.courts.ca.gov/documents/cr409info.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/cr409infoc.pdf, https://www.courts.ca.gov/documents/cr409infok.pdf, https://www.courts.ca.gov/documents/cr409infos.pdf, https://www.courts.ca.gov/documents/cr409infov.pdf
Form Detail Page:
Information on How to File a Petition to Seal Arrest and Related Records
(CR-409-INFO)
Explains how to file a request to the court to clean your criminal record of arrests that did not result in a conviction, as well as what the court will consider when making a decision.
Get form CR-409-INFO
汉语
Get form CR-409-INFO in Chinese Simplified
(Chinese Simplified)
한국어
Get form CR-409-INFO in Korean
(Korean)
español
Get form CR-409-INFO in Spanish
(Spanish)
Tiếng Việt
Get form CR-409-INFO in Vietnamese
(Vietnamese)
Effective: January 1, 2024
Go to
How-to instructions for Criminal
Go to
How-to instructions for Cleaning Criminal Record
Go to
Cleaning Criminal Record Form Packets
PDF Text:
Judicial Council of California 
 
Rev. January 1, 2024, Optional Form 
Penal Code, § 851.91
Information on How to File a Petition to Seal Arrest 
and Related Records
CR-409-INFO,  
CR-409-INFO Information on How to File a Petition to Seal Arrest and Related 
Records 
This information sheet does not cover all of the questions that may arise in a case. Do 
not deliver this information sheet to the court clerk. 
1 What is a petition to seal arrest and 
related records?
The petition is a request to the court to seal arrest and 
related records under Penal Code section 851.91. You may 
ask the court to seal an arrest that did not result in a court 
case, or to seal an arrest that resulted in a court case—as 
long as the case did not result in a conviction. If you are 
requesting sealing for more than one arrest, you must file a 
separate petition for each arrest.
2 What information do I include in the 
petition?
Refer to Petition to Seal Arrest and Related Records (form 
CR-409) to see what information must be included in your 
petition. Because form CR-409 is an optional form, you 
may fill out the form or you may write your own petition.  
You should carefully fill out all parts of form CR-409 or, if 
writing your own petition, include the same information as 
in the form. The court may deny your filing if you provide 
incomplete information, so provide as much information as 
you can. 
3 What do I do with the petition once I fill it 
out?
If a criminal case was filed based on the arrest you want to 
have sealed, take or mail this petition to the clerk’s office 
in the court where the case was filed.  
If no criminal case was filed or charged against you, take 
or mail this petition to the clerk’s office in the court that 
handles criminal matters for the city or county where the 
arrest happened. If you don’t know which court this is, you 
may want to contact a court in the county to ask.  
The clerk will give you a court date for the hearing, which 
should be at least 15 days from the date you file the 
petition. It is a good idea to take or mail an extra copy to 
the clerk and ask the clerk to stamp it to show that the 
original has been filed. 
4 Must anyone else get the petition?
A copy of the petition must be served (delivered by hand, 
by mail, or electronically) on the prosecutor of the city or 
county where the arrest happened and the law enforcement 
agency that made the arrest, at least 15 days before the 
hearing on the petition. You can serve the petition by:
l Personal service: You or another person over age 18 go 
in person to hand-deliver a copy of the petition to the 
prosecuting attorney’s office and to the law 
enforcement agency during business hours by handing 
it to an employee. Be sure to get the name of the 
employee for your proof of service.
l Service by mail: Mail a copy of the petition to the 
prosecuting attorney’s office and to the law 
enforcement agency. You may mail the petition by 
first-class mail or by certified mail with a return receipt 
requested.
l Electronic service: Contact the prosecuting attorney’s 
office and the law enforcement agency to see if they 
accept electronic service. If they do, the court may 
require proof of their consent to electronic service. You 
can use Consent to Electronic Service and Notice of 
Electronic Service Address (form EFS-005-CV), 
available at www.courts.ca.gov/forms.
After you have served the petition on the prosecutor and 
the law enforcement agency, you will need to file a “proof 
of service” with the court. You may use Proof of Service—
Criminal Record Clearing (form CR-106), available at 
www.courts.ca.gov/forms.
Page 1 of 2

Information on How to File a Petition to Seal Arrest 
and Related Records
CR-409-INFO,  Rev. January 1, 2024
CR-409-INFO Information on How to File a Petition to Seal Arrest and Related 
Records 
5 How will the court make its decision?
The court will first determine if you are eligible to have 
your arrest sealed. You are not eligible and the court will 
deny your petition for arrest sealing if any of the following 
is true:
Your arrest resulted in a conviction;l
You may still be charged with any of the offenses upon 
which the arrest was based; 
l
The arrest or case was filed for murder or any other 
offense for which there is no statute of limitations 
(except if you have been acquitted or found factually 
innocent); or
l
You intentionally evaded law enforcement efforts to 
prosecute the arrest, including by engaging in identity 
fraud. 
l
If none of the above is true, then the court will look at your 
arrest and your criminal record history (if any). In most 
types of cases, the court must seal your arrest as a matter 
of right—meaning that the court is required to grant your 
petition.  
However, if your arrest was based on an offense involving 
domestic violence, child abuse, or elder abuse, and if your 
record demonstrates a “pattern” of arrests or convictions 
for the same type of offense, then the court can only seal 
your arrest in the interests of justice—meaning that the 
court may, but does not have to, grant your petition. The 
court will decide whether to seal your arrest in the interests 
of justice based on any relevant factors, including whether 
you have shown that the arrest has caused you hardship, 
whether you submitted declarations or evidence regarding 
your good character, declarations or evidence regarding the 
arrest, and your record of convictions (if any).
6 What happens if the court grants my 
petition (request)?
If the court grants the petition, it will send a copy of the 
order to law enforcement and the California Department of 
Justice to update the arrest record, noting that the arrest is 
sealed. Records that are sealed under the court’s order will 
not be disclosed except to you or a criminal justice agency 
(which includes courts, peace officers, prosecuting 
attorneys, city attorneys pursuing specific actions, defense 
attorneys, probation officers, parole officers, and 
correctional officers). Criminal history providers may 
disclose information to other criminal history providers. 
For more information, see Penal Code section 851.92. 
7 Are translations of the petition available?
Translations of the petition are available in Spanish, 
Chinese, Vietnamese, and Korean at the California Courts 
website at www.courts.ca.gov/forms.
8
Yes. If your arrest did not result in a conviction and meets 
certain other conditions, you may have already been 
granted automatic arrest record relief by the California 
Department of Justice (DOJ) under Penal Code section 
851.93. A petition to seal may be unnecessary if the DOJ 
has granted automatic relief—but there may be additional 
benefits to filing a petition with the court. If you want to 
know if you have already been granted relief, you can 
request your Record of Arrest and Prosecution (RAP) sheet 
from the DOJ—but this is not required to file a petition.  
You may also request the court to deem an arrest a 
detention under Penal Code section 849.5; request a 
determination of factual innocence under section 851.8; 
receive an acquittal and a determination of factual 
innocence under section 851.85; have your conviction set 
aside based on a determination of factual innocence under 
section 851.86; and request relief after completion of a 
prefiling diversion program under section 851.87.
Are there other ways to seal or limit 
arrest records?
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  Form ID: CR-409-INFO Title: Information on How to File a Petition to Seal Arrest and Related Records Effective Date: 2024-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-409-INFO Primary Download URL: https://www.courts.ca.gov/documents/cr409…

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  You should carefully fill out all parts of form CR-409 or, if writing your own petition, include the same information as in the form. The court may deny your filing if you provide incomplete information, so provide as much information as you can. 3 What do I do with the petition once I fill it out? If a crimina…

• #3

  www.courts.ca.gov/forms. Page 1 of 2 Information on How to File a Petition to Seal Arrest and Related Records CR-409-INFO, Rev. January 1, 2024 CR-409-INFO Information on How to File a Petition to Seal Arrest and Related Records 5 How will the court make its decision? The court will first determine if you are…

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  disclose information to other criminal history providers. For more information, see Penal Code section 851.92. 7 Are translations of the petition available? Translations of the petition are available in Spanish, Chinese, Vietnamese, and Korean at the California Courts website at www.courts.ca.gov/forms. 8 Yes. …