How to File a Motion to Seal in California: A 2025 Guide to Clearing Your Record

Clearing your name starts with understanding how a motion to seal California records works. Many people think their past must follow them forever, but that’s not true anymore. Thanks to updated state laws, you may be eligible to seal or erase old arrest or case records. At The Law Office of Sam Salhab, I help people remove barriers to housing, jobs, and peace of mind. Whether your case was dismissed or never charged, I guide you through each step with care and confidence. When you need help filing a motion to seal California documents, I’m ready to assist.

What Does a Motion to Seal Mean in California?

If you're looking into a motion to seal California records, you're probably trying to put something behind you for good. Sealing a record means making it invisible to the public. That includes employers, landlords, and background check companies. The record doesn't go away entirely, but it becomes protected—only available to certain government agencies.

Under California Rule of Court 2.551, a motion to seal asks the court to restrict access to documents that meet privacy, safety, or fairness concerns. For criminal records, this can involve arrest records without charges, dismissed cases, or certain juvenile records. You must show a compelling reason why the record should no longer be public.

As someone who's handled these cases in and out of courtrooms, I can tell you the key is preparation. At my office, I help clients figure out if their case qualifies and how to present it clearly. Filing a motion to seal California records might sound legal-heavy, but with the right help, it becomes straightforward.

Who Can File a Motion to Seal? Eligibility in 2025

California has expanded who can file a motion to seal California records—especially with new laws in place for 2025. If you were arrested but never charged, you likely qualify. If your charges were dismissed or you completed diversion, you’re also likely eligible. The same goes for juvenile records and convictions that were expunged under Penal Code 1203.4.

What’s new in 2025 is the broader reach of Senate Bill 731, which now allows more people to seal felony records—even some that resulted in prison time—as long as specific requirements are met. The goal is to reduce the long-term effects of past mistakes, especially on employment and housing opportunities.

The process still requires a proper motion filed in court, which is where mistakes often happen. You’ll need supporting facts, the right legal basis, and correct procedures. That’s where I come in. As a Fresno criminal defense attorney, I stay up to date on every shift in California sealing law. I help determine whether your case qualifies and file the motion to seal California courts will take seriously.

Required Forms and What You Need to File

Filing a motion to seal California documents isn't just about writing a letter to the judge. It takes the right forms, supporting declarations, and sometimes confidential documents. The forms vary depending on your situation.

For example, if you were arrested but never convicted, you may use DOJ Form BCIA 8270 under Penal Code 851.8. If your case was dismissed or expunged, you’ll need CR‑180 and a supplemental form CR‑181 once it’s granted. Juvenile record cases follow different procedures under Welfare and Institutions Code section 781.

In each case, you may also need to submit a declaration explaining why the record should be sealed and a memorandum of points and authorities that outlines the legal justification.

When you work with my office, I handle the paperwork for you. I’ll make sure every form is properly filled out, served to the correct parties, and submitted on time. The process can be technical, but with experience on your side, you can avoid delays or rejections.

Filing a motion to seal California court records the right way puts you closer to your fresh start.

How Long Does the Motion to Seal Process Take in California?

Filing a motion to seal California records is not instant, but it’s faster than many expect. From the time you file, it usually takes 90 to 120 days for the court to review and rule. Delays can happen if documents are incomplete or if a hearing is required. Some counties process faster than others, depending on caseload and staffing.

Once the judge grants your motion, it may take another 30 to 60 days for government agencies and third-party background services to update their records. For juvenile records or cases sealed under Penal Code 851.91, timelines can vary slightly.

At The Law Offices of Sam Salhab, I stay in constant contact with the court and make sure every step moves forward without issues. Clients appreciate knowing what to expect at every stage. Filing a motion to seal California records should feel empowering, not stressful—and that’s exactly how I aim to handle it.

What Happens After the Court Grants the Motion to Seal?

Once your motion to seal California record is granted, the legal effect is powerful. Your arrest, court record, or juvenile case is officially hidden from public view. Employers, landlords, schools, and the public will no longer be able to find it in background checks. The sealed record still exists but becomes confidential.

Government agencies like law enforcement or licensing boards may still see the sealed record in specific situations, such as applying for a government job or certain professional licenses. However, for most day-to-day purposes, it’s like the incident never happened.

As part of my legal service, I help clients confirm the record has been sealed properly across all agencies. I also provide guidance on how to respond to job or housing applications after sealing. Filing a motion to seal California documents is one thing—making sure the world treats you like it’s sealed is another. I help with both.

Common Mistakes to Avoid When Filing a Motion to Seal

The most common mistake people make is assuming they’re eligible without checking. Not all cases can be sealed, and each code section has different requirements. For instance, if you were convicted and not later cleared or expunged, your case may not qualify—unless you meet the new SB 731 criteria.

Another mistake is submitting the wrong forms or missing deadlines. Courts will reject incomplete filings or motions that don’t meet legal standards. Even spelling errors, missed service notices, or poor formatting can result in denial or delay.

Lastly, skipping the court hearing (if one is scheduled) is a big misstep. Some motions require you to explain your situation in person or respond to objections from prosecutors.

That’s where having an experienced hand makes a difference. At my firm, I go through every document with care. I’ve seen how small errors can cost people months. Filing a motion to seal California records is too important to risk with guesswork. I handle the process end-to-end, ensuring nothing gets overlooked.

Why Work With a Criminal Defense Lawyer for a Motion to Seal?

While it’s legally possible to file a motion to seal California records on your own, it’s not always simple. The process can involve multiple steps, court appearances, and communication with prosecutors or agencies. Legal arguments may be required to prove why sealing is appropriate under the law.

An experienced criminal defense lawyer understands how to build a case that stands up in court. Lawyers like me track the latest legal updates, know what judges want to see, and can avoid common traps that trip up people filing on their own.

At The Law Office of Sam Salhab, I take pride in helping people take this important step toward a better future. Sealing your record is more than a legal fix—it’s a life upgrade. When you’re ready to file a motion to seal California records, I’m here to make sure it’s done right the first time.

A Fresh Start Begins with the Right Help

Sealing your record can open doors that once felt permanently closed. Whether you’re moving forward from an arrest, a dismissed charge, or an old juvenile case, filing a motion to seal California records gives you the chance to rebuild without past mistakes holding you back. The process takes planning, precision, and a solid understanding of the law. 

At The Law Office of Sam Salhab, clients receive personalized, focused support every step of the way. If you’re ready to clear your name and start fresh, get the guidance you need from a trusted criminal defense lawyer who knows how to deliver results.

Frequently Asked Questions

1. What is a motion to seal in California?

A motion to seal asks a court to remove arrest or case records from public access under California Rules of Court. This can include non‑convictions or convictions eligible under state law. Rule 2.551 requires filing a formal motion plus supporting declaration and a memorandum. 

2. Who qualifies to file a motion to seal records?

Eligible individuals include people with dismissed charges, non‑convictions, expunged convictions under Penal Code 1203.4, and sealed juvenile files under Welfare & Institutions Code §781. New laws (SB 731, effective 2025) expand options. 

3. What forms are needed to file a motion to seal?

You’ll need forms like DOJ Form BCIA 8270 (under Penal Code 851.8) or CR‑409 for arrests without conviction. If seeking expungement under Penal Code 1203.4, use form CR‑180 and submit CR‑181 if granted. 

4. What is the court process to seal records?

You file a motion or application with court, serve other parties with redacted and unredacted versions as required by Rule 2.551, lodge documents conditionally under seal, and wait for a ruling. If denied, follow up to unseal or withdraw. 

5. How long after sealing can you deny your record?

Once sealed or expunged, most public inquiries allow you to legally deny the arrest or conviction. However, certain government agencies and law enforcement retain access. Use California Courts Self‑Help Guide to verify your rights.