DOJ 851.8 Processing and Petition to Seal

Upon receipt of a petition to seal, DOJ will analyze the order to ensure the petition has the signature of the LEA representative or court official. The order must be checked "Petition Granted" . A petition may require DOJ to seal the entire record or seal specified dates of arrest. After DOJ seals the record and removes or changes the fingerpprints in AFIS, notification is made to the law enforcement agency/court that granted the petition that the arrests were sealed and to seal any all records that pertain to the arrests The DOJ will also notify the FBI and any other agency that ever inquired on the subject for that arrest to seal and destroy their information DOJ will maintain the sealed packet three years from the date of arrest and then destroy the packet. At the time a person is acquitted a judge may find the subject factually innocent and order the record to be sealed. Upon receipt, DOJ will process the order in the same manner as a 851.8 PC order. An order requires destruction three years from the date of arrest. Investigative police reports containing documentation of the arrestee shall bear the notation "exonerated" whenever reference is made to the arrestee. Destruction of records of arrest shall be accomplished by permanent obliteration of all entries or notations pertaining to the arrestee. Record of arrestee shall be preapred again to appear as though the arrest never occurred. If you are arrested or charged and wish to file a petion to seal a record, contact criminal defense attorney Christine McGuire.