851.91 Motion to Seal Arrest
Introduction
In California, individuals who have been arrested but not convicted have the opportunity to seal their arrest records through a process defined under Penal Code Section 851.91. This legal mechanism is designed to help those who were arrested but not prosecuted, or whose charges were dismissed, to clear their records and mitigate the long-term consequences of an arrest. This article provides a comprehensive overview of the 851.91 motion to seal arrest, including eligibility criteria, the filing process, and the potential benefits of having an arrest record sealed.
Understanding Penal Code Section 851.91
Background and Purpose
Penal Code Section 851.91 was enacted as part of California’s efforts to provide relief to individuals who have been unfairly impacted by their arrest records. An arrest record, even without a conviction, can have significant adverse effects on a person’s ability to secure employment, housing, and educational opportunities. By allowing eligible individuals to seal their arrest records, the law aims to promote fairness and offer a second chance to those who were not found guilty of a crime.
Key Provisions
Penal Code Section 851.91 permits individuals to petition the court to seal their arrest records if they were arrested and:
- No criminal charges were filed.
- Charges were filed but later dismissed.
- The individual was acquitted.
- The individual successfully completed a pretrial diversion program or drug diversion program.
Legal Implications
Once an arrest record is sealed under Section 851.91, it is deemed to have never occurred. This means that the individual can lawfully state that they have not been arrested for the sealed offense, providing significant relief from the stigma associated with an arrest record.
Eligibility Criteria
General Requirements
To be eligible to file an 851.91 motion to seal an arrest, the petitioner must meet the following general criteria:
- Arrest Without Charges: No accusatory pleading was filed in court, and the statute of limitations has expired, or the prosecuting attorney has declined to file charges.
- Dismissed Charges: The charges were dismissed, and there is no pending appeal or collateral attack on the dismissal.
- Acquittal: The individual was found not guilty of the charges filed against them.
- Diversion Programs: The individual successfully completed a court-ordered diversion program, and the charges were dismissed as a result.
Exceptions and Limitations
There are certain exceptions and limitations to the eligibility for sealing an arrest record under Section 851.91:
- Pattern of Domestic Violence, Child Abuse, or Elder Abuse: If the petitioner has a pattern of arrests or convictions for these types of offenses, they may be ineligible for relief.
- Interests of Justice: The court has discretion to deny the petition if it determines that sealing the arrest record would not serve the interests of justice.
The Filing Process
Step-by-Step Guide
- Determine Eligibility: Review the eligibility criteria and gather necessary documentation to establish eligibility for sealing the arrest record.
- Prepare the Petition: Complete the Petition to Seal Arrest Record (Form CR-409). This form requires detailed information about the arrest, the outcome of the case, and the reasons for requesting the sealing of the record.
- File the Petition: Submit the completed petition to the court in the county where the arrest occurred. There may be a filing fee, which varies by county.
- Serve the Petition: Serve a copy of the petition to the prosecuting attorney’s office that handled the case. This step ensures that the prosecution is aware of the request and has an opportunity to respond.
- Court Hearing: Attend the court hearing if required. The judge will review the petition, any objections from the prosecution, and may ask questions or request additional information.
- Court Decision: The judge will issue a decision on the petition. If granted, the court will order the sealing of the arrest record.
Important Considerations
- Timeliness: Ensure that the petition is filed within the appropriate time frame. For example, if no charges were filed, the petition can typically be filed after the statute of limitations for the offense has expired.
- Accuracy: Provide accurate and complete information in the petition to avoid delays or denials.
Benefits of Sealing an Arrest Record
Employment Opportunities
A sealed arrest record can significantly improve employment prospects. Employers conducting background checks will not see the sealed arrest, allowing the individual to seek jobs without the burden of disclosing the arrest.
Housing and Education
Sealing an arrest record can also enhance the ability to secure housing and educational opportunities. Landlords and educational institutions often conduct background checks, and a sealed arrest record will not appear, facilitating better access to housing and education.
Peace of Mind and Privacy
Sealing an arrest record provides peace of mind and restores privacy. The individual can move forward without the constant reminder of the past arrest and its potential impact on their reputation and personal life.
Conclusion
Filing a motion to seal an arrest record under Penal Code Section 851.91 is a valuable legal tool for individuals who were arrested but not convicted in California. By understanding the eligibility criteria, the filing process, and the benefits of sealing an arrest record, individuals can take proactive steps to clear their records and move forward with their lives. Legal assistance from a qualified attorney can also help navigate the process and increase the chances of a successful outcome.