If you were arrested but not convicted, Penal Code 851.91 lets you petition to seal the arrest record — so it stops surfacing on background checks.
It is different from an expungement, which clears a conviction.
Who Qualifies
PC 851.91 covers arrests that did not end in a conviction — charges never filed, a case dismissed, an acquittal, or a completed judicial diversion (PC 1001.95) that ended in dismissal. You can petition to seal the arrest as a matter of right in most such cases, or in the interest of justice, and if you are factually innocent the record can be sealed and destroyed on that stronger ground.
Sealing vs. Expungement
They solve different problems. Sealing (PC 851.91) addresses an arrest with no conviction. An expungement (PC 1203.4) addresses a conviction, setting it aside and dismissing it after probation. Many people need one or the other — and knowing which applies is the first step.
How the Process Works
The petition is filed in the court where the case was (or would have been) handled. Once granted, the arrest is sealed — and in factual-innocence cases, ordered destroyed — so you can lawfully answer that you were not arrested in most situations. A note for non-citizens: consult how criminal records affect immigration before relying on any sealing for immigration purposes.
Frequently Asked Questions
Can you seal an arrest record in California?
Yes. If you were arrested but not convicted — charges never filed, the case dismissed, an acquittal, or a diversion that ended in dismissal — Penal Code 851.91 lets you petition to seal the arrest record so it stops appearing on background checks.
What is the difference between sealing an arrest and expunging a conviction?
Sealing under PC 851.91 addresses an arrest that did not lead to a conviction. Expungement under PC 1203.4 addresses an actual conviction, setting it aside and dismissing it after probation. They solve different problems.
Do I qualify to seal my arrest if my case was dismissed?
In most cases, yes. An arrest that ended in a dismissal — including through a diversion program — is generally eligible for sealing under PC 851.91, either as a matter of right or in the interest of justice.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com