To file a petition to seal an arrest record, you complete your court’s petition form with the exact details of your arrest and case, file it with the court where charges were filed (or would have been filed if none were), formally serve the prosecutor and arresting agency, and wait for a judge to rule. Most petitions for non-conviction arrests are uncontested and decided without a hearing. The full process usually takes a few months, and many people handle it without a lawyer, though the paperwork has to be precise.
Confirm You Qualify Before You File
Eligibility turns on how your case ended. The clearest path exists when your arrest did not result in a conviction. Common qualifying situations include no charges filed by the prosecutor, charges filed and later dismissed, acquittal at trial, or successful completion of a pre-trial diversion or deferred prosecution program that ended in dismissal.
Some states also allow sealing when charges were reduced to an infraction or when the case ended in deferred adjudication. A few jurisdictions require you to demonstrate factual innocence rather than simply the absence of a conviction, which is a significantly higher bar; you would have to affirmatively prove you did not commit the offense, not just that the prosecution could not prove you did.
Sealing a record that includes an actual conviction is a separate process with longer waiting periods, crime-type restrictions, and limits on how many convictions can be sealed. The steps below cover non-conviction arrest records.
Gather the Information You’ll Put on the Form
Before you touch the petition, pull together the facts you’ll need to enter on it:
- The exact date of the arrest.
- The name of the arresting law enforcement agency and its case number.
- The court case number, if charges were filed.
- The date and type of final disposition — dismissal, acquittal, or completion of diversion.
You can find these on any court paperwork you were given, or by requesting your criminal history record from your state’s central records repository. Approximate dates and blank fields give the prosecutor an easy reason to object, so verify each item against a document rather than working from memory.
Complete the Petition and Any Required Attachments
The main document is usually titled something like “Petition to Seal and Destroy Arrest Records” or “Petition to Seal Arrest and Related Records.” Most courts publish the form on their website; you can also pick one up from the clerk’s office. Fill it out completely using the details you gathered.
Many jurisdictions require supporting documents. A certified copy of the court docket showing the final disposition is commonly required. Depending on your state, you may also need to attach declarations or affidavits, copies of police reports, or proof that you completed a diversion program. Some courts require your signature to be notarized or signed in front of a deputy clerk. Read the local instructions line by line, because a missing attachment or an unnotarized signature means the filing gets rejected and you start over.
File the Petition With the Right Court
File the originals with the clerk of the court where charges were filed. If no charges were filed, file in the superior or district court in the county where the arrest happened.
Expect a filing fee. Fees range widely, from nothing in some courts to over $150 in others. If you cannot afford the fee, most courts allow you to request a fee waiver by filing a financial affidavit demonstrating inability to pay.
Serve the Prosecutor and Arresting Agency
After filing, you are responsible for formally notifying the other parties, a step called service of process. Deliver a copy of your filed petition to:
- The prosecuting attorney’s office.
- The law enforcement agency that made the arrest.
Some courts also require you to serve the state attorney general or the state criminal records repository. Common methods are certified mail with return receipt requested, or hand-delivery where the receiving office stamps your copy to confirm receipt. Keep the stamped copies and return receipts. You will need to show the court that everyone entitled to notice was properly served.
What Happens After You File
Once the petition is filed and served, the prosecutor and arresting agency get a window to respond, usually 30 to 60 days depending on the jurisdiction. Most petitions for non-conviction arrest records go uncontested. If nobody objects, the judge often grants the petition without a hearing and signs an order to seal the records. You may receive the signed order by mail, or you may need to check with the clerk’s office.
If the prosecutor or arresting agency files an objection, the court schedules a hearing. You carry the initial burden of showing either that sealing is required as a matter of right given the disposition of your case, or that sealing serves the interests of justice. If you meet that burden, the prosecution must then explain why sealing would harm the public interest. Common objections include pending related investigations or concerns that the arrest is relevant to an ongoing case. The judge weighs both sides and rules.
If Your Petition Is Denied
A denial isn’t necessarily the end. In most jurisdictions you can appeal to a higher court if the judge applied the wrong legal standard or abused discretion. You can also refile later if circumstances change, such as a related investigation concluding or new evidence of factual innocence coming to light. If the denial was procedural — missing documents, improper service — you can usually correct the deficiency and refile promptly.
Distribute the Signed Order to Every Agency Holding the Record
Getting the judge’s signature isn’t the finish line. You are responsible for making sure the order actually reaches every agency that holds your arrest record. Send a certified copy of the signed order to:
- The arresting law enforcement agency.
- The prosecutor’s office.
- Your state’s criminal records repository.
Some states also require you to send it to the court that handled the original case if that court is different from the one that granted the sealing. Skip this step and the record sits unsealed in agency databases despite the court order. This is where most people fumble the process, and it’s the easiest part to get right.
Clean Up Private Background Check Databases
Even after a court seals your record, private background check companies may keep reporting it. These companies pull records from court databases and store them independently, and those private copies do not update automatically when the court seals the original. Your sealed arrest can keep appearing on employer and landlord background checks for months unless you take action.
The Fair Credit Reporting Act requires consumer reporting agencies to follow reasonable procedures to ensure maximum possible accuracy in their reports. A separate provision requires agencies reporting public record information for employment purposes to maintain strict procedures ensuring the information is complete and up to date. Reporting a sealed arrest violates both, since a sealed record is no longer a current public record.
The cleanup process:
- If you were denied a job or housing based on a background check, ask for the name of the screening company and a copy of the report. Federal law requires the employer or landlord to provide both.
- Send the screening company a written dispute with a copy of the court order sealing your record. Under the FCRA, the company must reinvestigate within 30 days and either verify, correct, or delete the disputed information.
- If the company cannot verify the arrest — and it cannot, because the record is sealed — it must delete the entry and notify you of the result.
Most companies comply within two to six weeks. If a screening company ignores your dispute or keeps reporting the sealed record, that is an FCRA violation and you may have grounds for a lawsuit. Stubborn companies sometimes need a letter from an attorney to take the matter seriously.
Check Whether Automatic Sealing Already Covers You
Before you spend time on a petition, check whether your state seals qualifying records automatically. As of 2025, thirteen states plus Washington D.C. have passed Clean Slate laws that automate sealing for qualifying records, so long as conditions like completion of any sentence and a crime-free waiting period are met. Automatic sealing typically covers only specific categories of offenses and may not apply to your situation, but if your record qualifies, you can skip the petition entirely. Your state court’s website or a local legal aid organization can tell you whether it applies.
A Warning for Non-Citizens
Sealing does not protect you in the immigration context. USCIS requires applicants to disclose all arrests regardless of whether the record was sealed, expunged, or dismissed, and failing to disclose a sealed arrest on an immigration application can be treated as a material misrepresentation. Immigration officers have access to FBI records, and state contributors can authorize the FBI to release sealed record information for immigration-related background checks. Nondisclosure has derailed naturalization applications and visa petitions. If you have any immigration matters pending or anticipated, talk to an immigration attorney before and after sealing your arrest record.