Record Cleaning: Arrest With No Conviction

Arrest with no conviction

If you had an arrest that did not result in a conviction, you may be able to seal your case under Penal Code section 851.91. This applies to the following situations:

• You were arrested but no charges were filed;
• You were arrested and charged, but the charges were dismissed;
• You completed diversion and the charges were dismissed;
• You completed “DEJ” (deferred entry of judgment) and the charges were dismissed;
• You went to trial and were found not guilty.

You may request that a court seal your arrest records or criminal records. If a judge agrees with your request, the records will no longer be available to the public. However, some government agencies will still be able to see your sealed record.

To request sealing, you can use Petition to Seal Arrest and Related Records (Form CR-409), which is translated into Chinese, Korean, Spanish, and Vietnamese.

If the order is granted, the judge will use the CR-410 order form.

Not all arrests qualify for relief. For more information see Form CR-409-INFO, also available in Chinese, Korean, Spanish, and Vietnamese.

If the judge grants your request, the arrest and court records will be sealed. But government agencies, like law enforcement, will still have access to them. You must still disclose the arrest when asked about it in applications for public office, for employment as a peace officer, or for a state or local license. You must also disclose the arrest if you are contracting with the California State Lottery Commission.

Diversion Programs

• If you completed a pre-filing diversion program run by the prosecutor, you can ask to seal the arrest records under Penal Code section 851.87.
• If you had charges dismissed after you completed a diversion program, you can ask to seal the records under Penal Code section 1001.9.
• If you had charges dismissed after you completed a drug diversion program, you can ask to seal the records under Penal Code section 851.90.

Factual Innocence

If you were factually innocent, the judge can order the arrest records sealed and destroyed.

Factual innocence can be difficult to prove. You will need to convince the judge that there was no reason for the officer to arrest you. If no charges were filed or charges were dismissed before trial, you can use the California Department of Justice’s Petition to Seal and Destroy Adult Arrest Records (BCIA 8270). Some courts also have local forms you can use.

There is no statewide form. If you were found not guilty at trial (Penal Code section 851.85) or if you were convicted but the judge set aside the conviction because you were factually innocent (Penal Code section 851.86), the attorney who represented you at trial might be able to file the request to seal and destroy the records.