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Form 851 California San Bernardino: What You Should Know

PC 851.8(b) (Rev: 01/14), Checklist. Petition to Seal Arrest Records: The Court is required to seal the arrest record of the person arrested or issued an order of arrest under Section 851.8 of the California Penal Code [811 – 851.8]. The Petition must be filed with the local Superior Court. Petition to seal criminal records pursuant to PC 851.8 of the California Penal Code [811 – 851.8] A petition to seal criminal records is not a request for the issuance or renewal of a peace order, no matter how broadly that peace order may be construed [see CA PC 851.40(f)]. The petition shall be styled as the Petition to Seal Arrest and Conviction Records at County of Cal. Name of Arrested and the City or Township wherein the offender was arrested or a copy of the court order of arrest shall be included. The Petition shall be signed by the petitioner. If the person arrested is a juvenile, then the petition shall be signed by the prosecuting attorney of the jurisdiction where juvenile proceedings resulted in his or her arrest [see CA PC 851.40(f)]. If the person arrested is a person under 18 years of age [see CA PC 851.40(f)(1)], then the petition shall be signed by the juvenile court. The person arrested is the petitioner and may be identified by his or her name, date and place of birth, residence address, or by other identifying information. The petition shall also specify the person from whom such records were obtained, and the disposition in which the information and records were obtained [see CA PC 851.40(f)(2) for disposition purposes, and, if applicable, CA PC 594.

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