Orange — Petition to Seal Arrest and Related Records Under Penal Code 851.91

Source: https://www.occourts.org/system/files/selfhelp/shc-crim-13.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

PETITION TO SEAL ARREST AND RELATED RECORDS UNDER PENAL CODE § 851.91

SELF-HELP FORM PACKET

SHC-CRIM-13 (Rev. 01/12/2024)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms:

1. Complete the attached forms in black ink.
2. Scan your completed forms and save as a single PDF file.
3. Go to www.occourts.org/self-help (click the button labeled Contact Self-Help), attach the PDF, and complete the online request form. Make sure to select CRIMINAL/TRAFFIC as the case type on the form.

www.occourts.org/self-help

Information on How to File a Petition to Seal Arrest and RelatedCR-409-INFO 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 4 Must anyone else get the petition? related records? A copy of the petition must be served (delivered by hand, The petition is a request to the court to seal arrest and by mail, or electronically) on the prosecutor of the city or related records under Penal Code section 851.91. You may county where the arrest happened and the law enforcement ask the court to seal an arrest that did not result in a court agency that made the arrest, at least 15 days before the case, or to seal an arrest that resulted in a court case—as hearing on the petition. You can serve the petition by: long as the case did not result in a conviction. If you are requesting sealing for more than one arrest, you must file a Personal service: You or another person over age 18 go separate petition for each arrest. in person to hand-deliver a copy of the petition to the prosecuting attorney’s office and to the law 2 What information do I include in the enforcement agency during business hours by handing petition? it to an employee. Be sure to get the name of the employee for your proof of service.Refer to Petition to Seal Arrest and Related Records (form CR-409) to see what information must be included in your Service by mail: Mail a copy of the petition to the petition. Because form CR-409 is an optional form, you prosecuting attorney’s office and to the law may fill out the form or you may write your own petition. enforcement agency. You may mail the petition by first-class mail or by certified mail with a return receiptYou should carefully fill out all parts of form CR-409 or, if requested.writing your own petition, include the same information as in the form. The court may deny your filing if you provide
Electronic service: Contact the prosecuting attorney’s incomplete information, so provide as much information as office and the law enforcement agency to see if they you can. accept electronic service. If they do, the court may require proof of their consent to electronic service. You 3 What do I do with the petition once I fill it can use Consent to Electronic Service and Notice of out? Electronic Service Address (form EFS-005-CV), If a criminal case was filed based on the arrest you want to available at www.courts.ca.gov/forms. have sealed, take or mail this petition to the clerk’s office in the court where the case was filed. After you have served the petition on the prosecutor and the law enforcement agency, you will need to file a “proof If no criminal case was filed or charged against you, take of service” with the court. You may use Proof of Service— or mail this petition to the clerk’s office in the court that Criminal Record Clearing (form CR-106), available at handles criminal matters for the city or county where the www.courts.ca.gov/forms. 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.

Judicial Council of California Information on How to File a Petition to Seal Arrest CR-409-INFO, Page 1 of 2www.courts.ca.gov Rev. January 1, 2024, Optional Form and Related RecordsPenal Code, § 851.91

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

5 How will the court make its decision? 6 What happens if the court grants my petition (request)? The court will first determine if you are eligible to have your arrest sealed. You are not eligible and the court will If the court grants the petition, it will send a copy of the deny your petition for arrest sealing if any of the following order to law enforcement and the California Department of is true: Justice to update the arrest record, noting that the arrest is Your arrest resulted in a conviction; sealed. Records that are sealed under the court’s order will not be disclosed except to you or a criminal justice agency You may still be charged with any of the offenses upon (which includes courts, peace officers, prosecuting which the arrest was based; attorneys, city attorneys pursuing specific actions, defense The arrest or case was filed for murder or any other attorneys, probation officers, parole officers, and offense for which there is no statute of limitations correctional officers). Criminal history providers may (except if you have been acquitted or found factually disclose information to other criminal history providers. innocent); or For more information, see Penal Code section 851.92. You intentionally evaded law enforcement efforts to prosecute the arrest, including by engaging in identity 7 Are translations of the petition available? fraud. Translations of the petition are available in Spanish, Chinese, Vietnamese, and Korean at the California CourtsIf none of the above is true, then the court will look at your arrest and your criminal record history (if any). In most website at www.courts.ca.gov/forms.htm. types of cases, the court must seal your arrest as a matter of right—meaning that the court is required to grant your 8 Are there other ways to seal or limit petition. arrest records? However, if your arrest was based on an offense involving Yes. If your arrest did not result in a conviction and meets domestic violence, child abuse, or elder abuse, and if your certain other conditions, you may have already been record demonstrates a “pattern” of arrests or convictions granted automatic arrest record relief by the California for the same type of offense, then the court can only seal Department of Justice (DOJ) under Penal Code section your arrest in the interests of justice—meaning that the 851.93. A petition to seal may be unnecessary if the DOJ court may, but does not have to, grant your petition. The has granted automatic relief—but there may be additional court will decide whether to seal your arrest in the interests benefits to filing a petition with the court. If you want to of justice based on any relevant factors, including whether know if you have already been granted relief, you can you have shown that the arrest has caused you hardship, request your Record of Arrest and Prosecution (RAP) whether you submitted declarations or evidence regarding sheet from the DOJ—but this is not required to file a your good character, declarations or evidence regarding the petition. arrest, and your record of convictions (if any). 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.

Rev. January 1, 2024 Information on How to File a Petition to Seal Arrest CR-409-INFO, Page 2 of 2 and Related Records

Petition to Seal Arrest and Related Clerk stamps date here when form is filed. CR-409 Records Before using this form, read Information on How to File a Petition to Seal Arrest and Related Records (form CR-409-INFO), available at www.courts.ca.gov/forms. Note to petitioner: 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 Fill in the name and street address of the court Record of Arrest and Prosecution (RAP) sheet from the DOJ, but this is not that you are filing the petition in: required. Superior Court of California, County of 1 Petitioner's Information a. Your Full Name: Date of birth: (mm/dd/yyyy) Your Lawyer (if you have one for this case): Name: State Bar No.: Firm Name: If charges were filed against you and there is a court case associated with your arrest, fill in the b. Your Address (If you have a lawyer, give your lawyer’s information. case number and case name below. You do not If you do not have a lawyer and want to keep your home address need to fill out the boxes if an arrest happened but no criminal complaint was filed or charged in court: private, you may give a different mailing address instead.) Trial Court Case Number: Street: City: State: Zip: Telephone: Trial Court Case Name: People of the State of California Email Address: v. 2 Notice of Court Hearing (clerk fills out section below) A court hearing is scheduled on this petition as follows:

Hearing Date: Time:
Date Dept.: Room:

Name and address of court if different from above:

If an interpreter is needed, please specify the language: 3 Information About Your Case (provide as much information as you can) a. Date of the arrest you are requesting to be sealed: (mm/dd/yyyy) b. Where did the arrest happen? Include the city and county: c. What law enforcement agency made the arrest? If it was a police department, include the city (for example, ABC City Police Department). If it was a county sheriff, list the county (for example, XYZ County Sheriff):

d. What is the arrest report number or police report number, if available?

Judicial Council of California www.courts.ca.gov Petition to Seal Arrest and Related Records CR-409, Page 1 of 2 Rev. January 1, 2024, Optional Form Penal Code, § 851.91

Trial Court Case Number:

e. What were the offenses for which you were arrested (for example, Penal Code section 242 for battery)? 3

f. The prosecutor filed a case against me (check if true).

If checked, what were the charges the prosecutor filed (for example, Penal Code section 242 for battery)?

g. If you would like to explain the information provided, please do so below, or complete and attach Attached
Declaration (form MC-031) or submit other relevant documents.

h. Check any box that applies:
I am entitled to have this arrest (the arrest described in 3 of this petition) sealed as a matter of right
because the arrest did not result in a conviction, and I satisfy the requirements of Penal Code section
851.91.

I am requesting to have the arrest sealed in the interests of justice. (Relief is unavailable as a matter of
right if the arrest was for domestic violence, child abuse, or elder abuse, and petitioner’s record shows a
“pattern” of arrests and/or convictions for the same type of offense.) (Pen. Code, § 851.91(c)(2)(A).)
(Describe below how this is in the interests of justice. In deciding whether to grant this request, the court
may consider any important factors, including hardship and difficulties caused by the arrest; statements
or evidence regarding your good character; statements or evidence regarding the arrest; your record of
convictions; or any other important factors. You may provide statements or evidence from you, from
others, or both.)

Please attach any additional signed and dated statements with the petition. Additional statements from you
should be submitted on the Attached Declaration (form MC-031).

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct, except as to matters that are stated on my information and belief, and as to those matters, I believe them to be true.

Date:

Type or print your name Signature of Petitioner or Attorney

Rev. January 1, 2024 Petition to Seal Arrest and Related Records CR-409, Page 2 of 2

MC-031

PLAINTIFF/PETITIONER: CASE NUMBER:

DEFENDANT/RESPONDENT:

DECLARATION

(This form must be attached to another form or court paper before it can be filed in court.)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Attorney for Plaintiff Petitioner Defendant
Respondent Other (Specify):

Form Approved for Optional Use ATTACHED DECLARATION Judicial Council of California MC-031 [Rev. July 1, 2005] Page 1 of 1

Order to Seal Arrest and Related Clerk stamps date here when form is filed. CR-410 Records (Pen. Code, §§ 851.91, 851.92)

1 Name: Last First Middle

Mailing address:
Street

City State Zip

2 The court finds that the petitioner is eligible for the following requested Clerk fills in the name and street address of the relief and makes the following order: court. Superior Court of California, County of The court GRANTS the petition. The record of arrest in the Orange following matter shall be sealed under the provisions of section 851.91, and the arrest deemed not to have occurred:

Law enforcement agency report number:
Prosecuting agency report number:

Court case number: Clerk fills in the number and name of the case.
Other: Trial Court Case Number:
Petitioner may answer any question relating to the sealed arrest as
though it did not happen, and petitioner is released from all penalties and
disabilities resulting from the arrest, except as follows: Trial Court Case Name:
• The sealed arrest may be pleaded and proved in any later prosecution People of the State of California
v.
of the petitioner for any other offense, and will have the same effect
as if it had not been sealed.
• The sealing of an arrest under section 851.91 does not relieve the petitioner of the obligation to disclose the arrest,
if otherwise required by law, in response to any direct question contained in a questionnaire or application for
public office, for employment as a peace officer, for licensure by any state or local agency, or for contracting with
the California State Lottery Commission.
• The sealing of an arrest under this section does not affect petitioner’s authorization to own, possess, or have in his
or her custody or control any firearm, or his or her susceptibility to conviction under Chapter 2 (commencing
with section 29800) of Division 9 of Title 4 of Part 6, if the arrest would otherwise affect this authorization or
susceptibility.
• The sealing of an arrest under this section does not affect any prohibition from holding public office that would
otherwise apply under law as a result of the arrest.

3 The court DENIES the petition (check one): a. The petition does not meet the requirements listed in Penal Code section 851.91(b)(1). b. Petitioner’s arrest does not qualify under Penal Code section 851.91(a). c. The court finds that sealing the arrest would not serve the interests of justice under Penal Code section 851.91(c)(2). d. Other:

Date:
Signature of judicial officer
This is a Court Order.

www.courts.ca.govJudicial Council of California,

New January 1, 2019, Optional Form Order to Seal Arrest and Related CR-410, Page 1 of 1 Records (Pen. Code, §§ 851.91, 851.92)

Case Name: Case Number:

PROOF OF SERVICE
Personal Service Service by Mail

1. Person serving: I am over the age of 18 and not a party to this action. Name: Address:

   Telephone:

2. I served a copy of the Petition and Order to Seal and Destroy Arrest Records as follows (check one):

   a. Personal Service: I personally delivered the Petition and Order to Seal and Destroy Arrest Records to the
   person at the address listed below:
   (1) Law Enforcement Agency:
   (2) Address where served:

   (3) Date served:
   (4) Time served:

   b. Service by Mail: I deposited the Petition and Order to Seal and Destroy Arrest Records in the United States
   mail, in a sealed envelope with first class postage fully prepaid. The envelope was addressed as follows:
   (1) Law Enforcement Agency:
   (2) Address:

   (3) Date of Mailing:
   (4) Place of Mailing (city and state):

3. I served a copy of the Petition and Order to Seal and Destroy Arrest Records as follows (check one):

   a. Personal Service: I personally delivered the Petition and Order to Seal and Destroy Arrest Records to the
   person at the address listed below:
   (1) Name of person served:
   Office of the District Attorney
   Office of the City Attorney
   (2) Address where served:

   (3) Date served:
   (4) Time served:

   b. Service by Mail: I deposited the Petition and Order to Seal and Destroy Arrest Records in the United States
   mail, in a sealed envelope with first class postage fully prepaid. The envelope was addressed as follows:
   (1) Name of person served:
   Office of the District Attorney
   Office of the City Attorney
   (2) Address:

   (3) Date of Mailing:
   (4) Place of Mailing (city and state):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

TYPE OR PRINT NAME (SIGNATURE OF DECLARANT)

PETITION AND ORDER TO SEAL AND DESTROY ARREST RECORDS

Penal Code Section 851.91