Alameda County Superior Court
Criminal Court Self Help -
Petition for Seal
PC §851.8

If you were arrested for an offense but not convicted, you may petition the court to have the record of your arrest sealed and destroyed. This request is made under Penal Code Section 851.8. In order for the court to grant your request, you must demonstrate that you are factually innocent, that is, that no reasonable cause exists to believe that you committed the offense for which you were arrested. In ruling on your request, the court may consider the police report, declarations, affidavits or other relevant and reliable evidence.

For arrests occurring between September 30, 1975 and January 1, 1981, a petition must have been filed by January 1, 1983. For arrests after January 1, 1981, a petition must be filed within two years of the arrest or the filing of charges, whichever is later. The court can waive these time restrictions if good cause is shown why the petition was not filed in a timely manner. However, for arrests occurring before September 30, 1975, there is no relief under this section. Additionally, there is no relief if the arrest was for an infraction.

The procedure for making this request differs depending upon whether charges were filed against you following your arrest.

No charges filed

When an arrest was made but no charges were filed, you must first petition the arresting agency and serve a copy of your petition on the District Attorney’s office. This petition should include any supporting documentation you wish to have considered. If the agency, with the District Attorney’s agreement, determines that you were factually innocent, the agency will take the proper steps to seal and later destroy the record of your arrest. The court will not accept a petition for the sealing of an arrest record when no charges were filed unless the petitioner has first requested that the arresting agency seal the record and been denied. The petitioner is responsible for providing the court with proof that the arresting agency received and denied the initial request.

Your petition is considered to have been denied if:

(1)	The arresting agency or the District Attorney’s Office informs you it has been denied;
(2)	You do not receive a response from the arresting agency or the District Attorney’s Office within 60 days after the running of the statute of limitations or 60 days after the service of the petition when the statute of limitations has previously run.

Charges filed

When an arrest was made, charges were filed but no conviction occurred, you may petition the court, any time after dismal of the charges, for a finding of factual innocence. This petition must be served on the District Attorney’s Office at least 10 days before the hearing.

You are not entitled to have the record of your arrest sealed and destroyed if the arrest resulted in a conviction.