Kern — KRN SUP CRT CR-409-1

Source: https://www.kern.courts.ca.gov/system/files/petition_for_sealing_of_arrest_records.pdf

Information on How to File a Petition to Seal Arrest and Related Records Under Penal Code Section 851.91

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.

What is a petition to seal arrest and related What do I do with the petition once I fill it records? out? The petition is a request to the court to seal arrest and related If a criminal case was filed based on the arrest you want to records under Penal Code section 851.91. A separate petition have sealed, serve a copy of the completed Petition, inclusive must be filed for each arrest for which sealing is requested. of court hearing date, time and department on the District Attorney of the county where the arrest happened and the law What happens if the court grants my petition enforcement agency that made the arrest. (request)? The person who delivers the Petition to the District Attorney If the court grants the petition, it will send a copy of the order and law enforcement agency must complete the Proof of to law enforcement and the California Department of Justice Service showing that a copy of the Petition has been served to update the arrest record, noting that the arrest is sealed. on these agencies. Records that are sealed under the court’s order will not be Take or mail the original Petition and the original Proof ofdisclosed except to you or a criminal justice agency (which Service to the clerk’s office in the court where the case wasincludes courts, peace officers, prosecuting attorneys, city filed at least 15 days prior to the hearing on the Petition.attorneys pursuing specific actions, defense attorneys, probation officers, parole officers, and correctional officers). If no criminal case was filed or charged against you, the Criminal history providers may disclose information to other Petition/Proof of Service must be provided to the clerk’s criminal history providers. For more information, see Penal office in the court that handles criminal matters for the city or Code section 851.92. 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 What information do I include in the petition? ask. Read the petition carefully and fill out all parts of the petition. It is a good idea to take or mail an extra copy to the clerkThe court may deny the petition based on incomplete and ask the clerk to stamp it to show that the originalinformation. has been filed. How will the court makes its decision? Prepare for, and attend, the court hearing. To have the arrest sealed as a matter of right, the court will determine whether the arrest did not result in a conviction Does anyone else get the petition? (Pen. Code, § 851.91(a)(1)). The court will not seal the arrest A copy of the petition must be served (delivered by hand or as a matter of right if (1) you may still be charged with any of by mail) on the District Attorney of the county where the the offenses upon which the arrest was based; arrest happened and the law enforcement agency that made (2) the arrest or case was filed for murder or any other the arrest at least 15 days before the hearing on the petition. offense for which there is no statute of limitations (except if Are there other ways to seal or limit arrestyou have been acquitted or found factually innocent), or (3) you intentionally evaded law enforcement efforts to records? prosecute the arrest, including by engaging in identity fraud. Yes. You may request the court to deem an arrest a detention (Pen. Code, § 851.91(a)(2).) under Penal Code section 849.5; request a determination of factual innocence under section 851.8; receive an acquittalTo have the arrest sealed in the interests of justice (Pen. and a determination of factual innocence under sectionCode, § 851.91(c)(2)(B)), you must describe how sealing the arrest is in the interests of justice through a personal 851.85; have your conviction set aside based on a statement and/or statements from others. determination of factual innocence under section 851.86; and request relief after completion of a pre-filing diversion program under section 851.87.

Adopted for Optional Use Page 1 of 1KRN SUP CRT-CR-409-1-INFO [July 2018] Information on How to File a Petition to Seal Arrest and Related Records Under Penal Code Section 851.91

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY STATE BAR NO.:

TELEPHONE NO.: FAX NO.(Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN

PLAINTIFF PEOPLE OF THE STATE OF CALIFORNIA PETITIONER

COURT CASE NUMBER

(Hearing date minimum 15 day service)
PETITION FOR SEALING OF ARREST RECORDS
(Pen. Code §§ 851.91, 851.92) DATE:
TIME:
DEPARTMENT:

TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO THE DISTRICT ATTORNEY OF KERN COUNTY:

Petitioner requests that the Court order the sealing of the following Kern County arrest records and associated court records:

CITY OF ARREST ARRESTING BOOKING # DATE OF CHARGE(S) (REQUIRED) AGENCY(IES) (IF KNOWN) ARREST (REQUIRED) (REQUIRED) (REQUIRED)

Other identifying information: Petitioner’s date of birth (required): ________________________. Arresting Agency case number or police report number (if known): _______________________. District Attorney report number (if known): _______________________ Petitioner suffered an arrest that did not result in a conviction because (check one): charges were filed and the statute of limitations has expired on every offense upon which the arrest was based. ☐No were filed, but the case was dismissed and no charges may be refiled. ☐Charges were filed, but petitioner was acquitted of all charges. ☐Charges was convicted, but the conviction was vacated or reversed on appeal, all appellate remedies have been ☐Petitioner exhausted, and none of the charges may be refiled.

Petitioner states he/she is eligible for relief because: • Petitioner did not intentionally evade law enforcement efforts to prosecute the arrest, including absconding from the jurisdiction where the offense took place. • Petitioner did not intentionally evade law enforcement efforts to prosecute the arrest by engaging in identity fraud which resulted in charges for that identity fraud. Petitioner is (check one): to relief as a matter of right because the arrest did not result in a conviction pursuant to Penal ☐entitled Code § 851.91(c)(1). OR entitled to relief as a matter of right but is requesting relief in the interest of justice pursuant to Penal ☐not Code § 851.91(c)(2) because (check one): offense included a domestic violence charge and the petitioner’s record demonstrates a pattern of ☐The domestic violence arrests, convictions, or both, as defined by Penal Code § 851.91(c)(2)(A)(ii). Adopted for Optional Use PETITION FOR SEALING OF ARREST RECORDS Pen. Code §§ 851.91, 851.92 KRN SUP CRT-CR-409-1 [July 2018] Page 1 of 3

offense included a child abuse charge and the petitioner’s record demonstrates a pattern of child abuse ☐The arrests, convictions, or both, as defined by Penal Code § 851.91(c)(2)(A)(ii). offense included an elder abuse charge and the petitioner’s record demonstrates a pattern of elder abuse ☐The arrests, convictions, or both as defined by Penal Code § 851.91(c)(2)(A)(ii).

When requesting relief in the interest of justice pursuant to Penal Code § 851.91(c)(2)(B), petitioner must provide a declaration stating how the interest of justice would be served by granting this petition. In deciding whether to grant this request, the court may consider any important factors, including the following factors and anything else you consider important: hardship and difficulties caused by the arrest; statements or evidence regarding your good character, from you, others, or both; statements or evidence regarding the arrest, from you, others, or both; your record of convictions. (This declaration is not required if petitioner is entitled to relief as a matter of right):

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(If additional space is needed, attach a supplemental Declaration, Judicial Council Form MC-30.)

Please attach any additional signed and dated statements with the petition.

Petititoner's Verification: I have read this petition and know the contents. All factual assertions in this petition are based on my own knowledge and I believe them to be true. I therefore verify the petition. I further declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: _____________ at _____________________________________, by _____________________________________. (CITY, STATE) (SIGNATURE OF PETITIONER)

Dated: _______________________ Respectfully submitted,

By: ________________________________ Attorney for Petitioner

Adopted for Optional Use PETITION FOR SEALING OF ARREST RECORDS Pen. Code §§ 851.91, 851.92 KRN SUP CRT-CR-409-1 [July 2018] Page 2 of 3

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.

   (1) Name:

   (2) Address:

   (3) Telephone:

2. I served a copy of the Petition for Sealing of Arrest Records as follows (check one): a. Personal Service: I personally delivered the Petition for Sealing of Arrest Records to the person at the address listed below: (1) Name of person served: (2) Address where served: (3) Date Served: (4) Time Served: AM PM

   b. Service by Mail: I deposited the Petition for Sealing of 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:

   (2) Address:

   (3) Date of Mailing:

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

I declare to the best of my information and belief that the foregoing is true and correct.

Date: (Signature of Declarant)

(Printed Name of Declarant)

Adopted for Optional Use PROOF OF SERVICE Page 3 of 3 KRN SUP CRT-CR-409-1 [July 2018]