This page will guide you through the process of sealing your arrest records.
You may petition to have your arrest or detention records sealed if you were arrested or detained, but were not convicted of a crime, and can prove you were factually innocent of the crime for which you were held. The crime must have been a misdemeanor or felony, not an infraction. See California Penal Code §851.8.
The procedure varies, depending on whether charges were filed against you in court.
If charges were filed against you, but your case was dismissed or you were acquitted after trial, you need to file your petition in the court where charges were filed. See Penal Code §851.8.
If charges were never filed, you need to start by petitioning the agency that arrested you, for example the San Diego County Sheriff's Department or the San Diego Police Department. If that agency denies your petition, or does not respond to it after 60 days, your next step will be to petition the court. See Penal Code §851.8 (a) and (b).
Time limits: You need to bring the petition within two years of the date you were arrested, or the date the charges were filed against you, whichever is later. However, this time requirement may be waived if you can show the court you had "good cause" for not filing the petition later. See Penal Code §851.8(l).
The instructions for filing a Petition in San Diego County Superior Court can be found here. The form "Petition for Sealing and Destruction of Arrest Records," which goes with these instructions, can be found here.
You can also access the California Judicial Council Court forms. The information page on how to "Petition to Seal Arrest and Related Records" can be found here. The form "Petition to Seal Arrest and Related Records," can be found here, and the order can be found here.
The California Department of Justice's form "Petition to Seal and Destroy Adult Arrest Records," which can be used to petition a law enforcement agency, can be found here.
For a list of law enforcement offices in San Diego County, see here.
If the arresting agency or court grants your petition, all records relating to your arrest will be sealed for three years from the date of your arrest, and then destroyed. See California Penal Code §851.8 (b) and (f).