Criminal Court – Other Miscellaneous Criminal Petitions Print this Page
Phone: (415) 444-7070
Email: criminal@marincourt.org
Location: Civic Center, Hall of Justice, Room C-10
Office Hours: 8:00am - 3:00pm




Petitions to Seal and Destroy Arrest Records

California Penal Code section 851.8 sets forth a procedure in which individuals may petition law enforcement or the District Attorney's Office to destroy arrest records in instances where no complaint is ever filed with the Court. If law enforcement or the District Attorney's Office does not respond to these petitions, individuals may then file the petition with the Court to obtain an order compelling the destruction of these arrest records. The petition is entitled "Petition to Seal & Destroy Arrest Records Pursuant to 851.8 of the California Penal Code" and is available by clicking here. If filing this petition with the Court, it must be filed in person in the Civil Clerk’s Office, Room 113. It will be forwarded to a judicial officer to determine whether to grant or deny the petition.

Petition for Release From Penalties and Dismissal of Criminal Case

California Penal Code section 1203.4 describes a process by which a defendant may petition the Court to dismiss a criminal record, following successful completion of all terms and conditions of probation and no new arrests or convictions. This process is also called an expungement of a criminal record. The Petition for Dismissal (form CR-180) and Order for Dismissal (form CR-181) are available on the Judicial Council website by clicking here. It must be filed at the Criminal Clerk's Office and a court hearing will be calendared within eight weeks.

The Court cannot charge a fee to file the petition, but the Court may order the petitioner to reimburse the Court, the City, and the County up to $150 each after deciding the petition, whether or not the petition was granted. However, the Court will not order the petitioner to pay unless it finds that the petitioner is able to pay all or part of the costs of the petition without undue hardship.



Overview

The Criminal Clerk's Office is open Monday through Friday from 8:00 a.m. to 3:00 p.m., except holidays. The office is located on the Court Floor of the Marin County Civic Center Hall of Justice in Room C-10. For directions to the Civic Center, please click here.

The Marin County Civic Center has three drive-though arches. From the middle arch lobby only, take the elevator to the "C" floor. After passing through security screening, go left to the end of the hall to Room C-10. For individuals wishing to speak with a clerk in this office, please call (415) 444-7070 between 8:00 a.m. and 3:00 p.m. Calls are answered in the order received. Since these phone lines are very busy, the best times to call are early afternoons.

The mailing address is:

Marin County Superior Court
Criminal Clerk's Office
P.O. Box 4988
San Rafael, CA 94913-4988


Interpreter Services

The Criminal Clerk's Office has several Spanish speaking clerks to assist the public. Some forms related to criminal proceedings are also available for review in Spanish.

In criminal hearings, interpreters are available in all languages in the courtroom to assist non-English speakers and to ensure that defendants understand the criminal charges they are facing and consequences at every stage of the court proceedings.

 
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