What are the step-by-step requirements to seal my arrest record in California if no criminal charges were ever filed?

In California, if you were arrested but no criminal charges were ever filed, you are eligible to have your arrest record sealed by petitioning the court. This process makes the record unavailable to the public, including most potential employers. Here are the steps to seal your arrest record: Step 1: Confirm Your Eligibility Your arrest is eligible for sealing if no criminal charges were ever filed with the court by the prosecutor. Under California Penal Code § 849.5, this means your arrest is legally considered a "detention only." There is no deadline or statute of limitations to file this petition. Step 2: Gather Your Case Information Collect all relevant information about your arrest. You will need the date of arrest, the name of the arresting law enforcement agency (e.g., Los Angeles Police Department, Alameda County Sheriff's Office), and the report or booking number if you have it. Step 3: Complete the Petition Form You must fill out the official Judicial Council form, CR-409, "Petition to Seal Arrest and Related Records." You can find this form on the California Courts website (www.courts.ca.gov) or at the court clerk's office. Fill it out completely and accurately. Step 4: File the Petition with the Court File the completed Form CR-409 with the Superior Court in the county where you were arrested. There is typically no filing fee for this type of petition. The court clerk will process your paperwork and assign it a case number. Step 5: Serve the Relevant Agencies You must formally notify the arresting law enforcement agency and the prosecuting agency (the District Attorney or City Attorney) by providing them with a copy of your filed petition. This is called "service." Check with the court clerk for the specific rules on how to properly serve these agencies. Important considerations: In most cases where no charges were filed, the court will grant the petition without a hearing. If the prosecuting agency objects, the court will schedule a hearing. At the hearing, a judge will decide if sealing your record serves the interests of justice. Once sealed, your arrest is treated as though it never occurred, and you can legally answer "no" if asked by most employers if you have ever been arrested. Warnings and limitations: Sealing does not destroy the record. Law enforcement agencies and some specific state licensing boards can still access the information for limited purposes. This process is distinct from sealing a record after a dismissal or acquittal, which involves different legal standards. This is general information and does not constitute legal advice. For complex situations, or if the prosecuting agency objects to your petition, you should consult with a qualified California attorney.