Sealing an arrest record in Redding and Shasta County

An arrest can show up on background checks even if you were never convicted. If your arrest didn’t lead to a conviction, California Penal Code 851.91 may let you ask the court to seal it.

Who may qualify

You may be able to seal an arrest if it didn’t result in a conviction. That includes arrests where no charges were filed, charges were dismissed, or you were acquitted. You generally can’t seal it under 851.91 if:

• The arrest led to a conviction (then a 1203.4 dismissal may be the right tool instead).
• You could still be charged with any of the offenses the arrest was based on.
• The arrest was for murder or another offense with no statute of limitations, unless you were acquitted or found factually innocent.
• You intentionally evaded law enforcement efforts to prosecute the arrest, for example through identity fraud.

Does the judge have to grant it?

In most cases, yes. If you qualify, the court must seal the arrest as a matter of right. The exception is an arrest for domestic violence, child abuse, or elder abuse when your record shows a pattern of arrests or convictions for the same type of offense. Then sealing is up to the judge, “in the interests of justice.”

How it works in Shasta County

• The petition: usually prepared on Judicial Council form CR-409 (Petition to Seal Arrest and Related Records). Each arrest needs its own petition.
• Where to file: if a case was filed, in the court where it was filed. If no case was ever filed, in the court that handles criminal matters where you were arrested. For Redding, Anderson, Shasta Lake and the rest of Shasta County, that’s Shasta County Superior Court in Redding.
• Notice: the petition must be served on the prosecutor and on the law enforcement agency that made the arrest (for example, Redding Police, Anderson Police, the Shasta County Sheriff, or the CHP) at least 15 days before the hearing.
• The order: if granted, the court sends the order to law enforcement and the California Department of Justice so the arrest record is marked as sealed.

What sealing does

Once sealed, the arrest records generally can’t be disclosed except to you or to criminal justice agencies, such as courts, prosecutors, and police. For most purposes, the arrest is treated as if it didn’t happen. There are limited exceptions, such as applications to become a peace officer. California employers also generally can’t ask about or consider an arrest that didn’t lead to a conviction. See expungement, jobs and background checks.

It may already be sealed

Under California’s Clean Slate law (PC 851.93), the Department of Justice automatically grants relief for many arrests that didn’t lead to a conviction. You can request your own record from the DOJ to check. Even when automatic relief applies, a court order can still be useful, because it reaches the local police and court records too.

Other options

Depending on your situation, you might also ask for a finding of factual innocence (PC 851.8), relief after completing a diversion program (PC 851.87 and related sections), or sealing of juvenile records under separate rules.

Common questions

My charges were dismissed years ago. Do I still need to do anything?

Possibly. A dismissed case can still show the arrest on some background checks. Sealing it can limit who sees it.

Do I have to go to court?

A hearing is usually set, but with an attorney you often don’t need to appear. We’ll tell you ahead of time if you do.

Can I seal more than one arrest?

Yes, but each arrest needs its own petition.

This page is general information, not legal advice, and it may not reflect the latest changes in the law. Every case is different and no particular result is guaranteed. Reading it does not create an attorney-client relationship.

More guides: Shasta County expungement process · PC 1203.4 eligibility · DUI expungement · Felony reduction (17b) · Prop 47 · Arrest sealing · Jobs & background checks · Cost · FAQ