A different remedy from expungement.
People use "expungement" for everything, but an arrest without a conviction is a different problem with its own section.
Penal Code section 851.91 provides that a person who has suffered an arrest that did not result in a conviction may petition the court to have the arrest and related records sealed, as described in section 851.92.
The section sets out when an arrest counts as not having resulted in a conviction. Among them: where the statute of limitations has run on every offence the arrest was based on and no accusatory pleading was filed; and where a pleading was filed but, as to all charges, no conviction occurred and the charge was dismissed and may not be refiled, or no conviction occurred and the arrestee was acquitted.
Amended by Stats. 2018, Ch. 653 (AB 2599).
Why an arrest alone still hurts.
It is a fair assumption that a case which went nowhere leaves nothing behind. It does not. The arrest record persists, and it surfaces in background checks run by employers, landlords and licensing bodies — often with no indication of the outcome attached.
That is the practical unfairness the section exists to address: the reader sees an arrest for something serious and stops reading. Sealing removes it from that view.
Sealing is also distinct from dismissal in what it addresses. A dismissal under 1203.4 deals with a conviction. Sealing under 851.91 deals with an arrest that never became one. If you were convicted, this is not your section.
What usually matters.
What actually happened to the case. Dismissed, acquitted, never filed, or the limitations period run — the route depends on which, and people are frequently unclear on their own disposition years later.
Whether it can still be refiled. The condition that a charge may not be refiled does real work here.
Automatic sealing. Penal Code 851.93 provides for automatic sealing of certain arrest records. Worth checking before petitioning. See automatic record relief.
What you need it for. A specific application with a deadline changes the urgency and sometimes the approach.
How I handle these.
- Pull the record first. Not the version you remember — the actual disposition. Half the questions people ask me about eligibility are answered by the record itself.
- Check whether relief has already happened. Automatic relief means some people are paying to file something they do not need.
- Work out which remedy, or which combination. Reduction, dismissal and sealing do different things, and the right answer depends on what you actually need it for.
- File it properly. These are petitions with requirements, and the avoidable failures are procedural rather than substantive.
- Tell you plainly what it will and won't change. Before you decide, not after.
Where I handle these.
Across ten Northern California counties, from offices in Sacramento at 701 E Street and Roseville at 970 Reserve Drive, Suite 116. Licensed since 1999, State Bar number 203402. Record relief petitions are filed in the county where the conviction happened, so the county matters here.
Questions I hear most.
I was arrested but never charged. Does that show up?
Yes, the arrest record persists and appears in background checks, frequently without the outcome attached. That is the problem section 851.91 addresses.
Is sealing the same as expungement?
No. Sealing under 851.91 deals with an arrest that did not result in a conviction. Expungement under 1203.4 deals with a conviction. Different remedies, different sections.
What if my case was dismissed?
That can qualify. The section covers arrests where, as to all charges, no conviction occurred and the charge was dismissed and may not be refiled, among other routes.
Does sealing happen automatically?
Some arrest records are sealed automatically under Penal Code 851.93. Worth checking your own record before petitioning for something that may already have been done.
The statutes on this page
Statutory text checked against the California Legislative Information site on 6 August 2026. Record relief law in California has changed repeatedly in recent years — if you are reading this well after that date, ask rather than relying on it.
I treat my clients the way I would want an attorney to treat my mother, if she met with one. Call (916) 277-8299. The consultation is free.
