PC 851.91 Arrest Sealing in Ventura: Clear Your Record
TL;DR: California Penal Code section 851.91 allows individuals arrested but not convicted to petition the court to seal the arrest record. This guide explains who qualifies, how the process works in Ventura County, and what relief sealing provides.
What Is PC 851.91?
California Penal Code § 851.91 provides a pathway for people arrested in California to petition to have the arrest record sealed when the arrest did not result in a conviction. When granted, the arrest is generally deemed not to have occurred for most purposes, and the petitioner may typically state that they were not arrested in response to most questions, subject to limited exceptions for certain employment and licensing contexts.
Who Qualifies for Relief?
Eligibility under PC 851.91 generally applies when:
- No charges were filed and the statute of limitations has run;
- Charges were filed but later dismissed;
- The petitioner was acquitted at trial;
- A conviction was vacated or reversed on appeal and the case was not refiled; or
- The petitioner successfully completed a pretrial diversion program.
Sealing is not available as a matter of right for individuals identified by the statute as having a pattern of certain offenses, though discretionary relief in the interest of justice may still be possible in some circumstances. Review the statutory text at Penal Code § 851.91 for the precise eligibility framework.
How the Process Works in Ventura County
A petition under PC 851.91 is filed with the superior court in the county where the arrest occurred—the Ventura County Superior Court for arrests in Ventura. The petition must identify the petitioner, the arresting agency, the date of arrest, the alleged offenses, and the legal basis for sealing. A copy must be served on the prosecuting attorney and the arresting agency, who have an opportunity to respond. The court may rule on the papers or set a hearing. If granted, the order directs law enforcement and the Department of Justice to seal the arrest record.
What Sealing Does and Doesn’t Do
Sealing generally removes the arrest from public-facing background checks and allows you to deny the arrest in most settings. However, sealed arrests can still be accessed and used by criminal justice agencies, may be considered when applying to become a peace officer, and may be disclosed in response to questions on certain public office or licensing applications. Sealing under 851.91 addresses the arrest record only; it does not dismiss convictions, which are handled under separate statutes such as Penal Code § 1203.4.
Tips Before You File
- Confirm disposition first: Make sure your case actually ended without a conviction before filing.
- Order your RAP sheet early: The official record from the California Department of Justice helps verify dates and agencies.
- Identify all arrest events: Each separate arrest may require its own petition.
- Anticipate prosecutor objections: Prepare to address arguments that you fall within a statutory exception.
- Keep copies of orders: Once granted, retain certified copies of the sealing order for future use.
Documents and Information You’ll Need
Before filing, gather:
- Your RAP sheet or arrest record;
- The case number (if charges were filed);
- The name of the arresting agency;
- The date and location of arrest;
- Any disposition records showing dismissal, acquittal, or completion of diversion; and
- Proof of service for the prosecutor and arresting agency.
An attorney can help confirm eligibility and prepare a petition tailored to your circumstances.
Why Work With a Local Attorney
Although the statute is statewide, local court practices, filing logistics, and prosecutor responses vary. Familiarity with Ventura County Superior Court procedures and the local District Attorney’s Office can help streamline your petition and address objections effectively.
Talk to a Ventura Attorney
If you believe you may qualify for arrest sealing under PC 851.91, contact our office to discuss your eligibility and next steps.
Frequently Asked Questions
How long does PC 851.91 sealing take in Ventura County?
Timelines vary, but most petitions are resolved within a few months after filing, depending on prosecutor response and whether the court sets a hearing.
Will a sealed arrest still appear on a background check?
Sealed arrests generally do not appear on standard public background checks, but criminal justice agencies and certain licensing or peace officer applications may still access them.
Can I file a PC 851.91 petition without an attorney?
Yes, individuals may file pro se. However, an attorney can help with eligibility analysis, drafting, service, and responding to any prosecutor opposition.
Does sealing erase a conviction?
No. PC 851.91 only addresses arrest records that did not result in a conviction. Post-conviction relief is governed by other statutes, such as Penal Code § 1203.4.
Is there a filing fee?
Filing fees may apply depending on the circumstances of the petition. Fee waivers are available for those who qualify financially. Check current fee schedules with the Ventura County Superior Court.
Sources
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. California laws and Ventura County court procedures change, and outcomes depend on the specific facts of your case. For advice about your situation, consult a licensed California attorney.