Fitzgerald

*3 Defendant William D. Fitzgerald appeals the trial court's order denying his petition to seal and destroy his arrest records, contending the trial court improperly denied his petition without holding an evidentiary hearing. He also argues that there was no evidence he had committed the crimes with which he was charged and the trial court was biased against him. In the published portion of this opinion, we find that a petition for record sealing after trial and acquittal under Penal Code section 851, subdivision (e) does not require an evidentiary hearing and that any error by the trial court for failing to hold a hearing was harmless. In the unpublished portion of this opinion, we find defendant failed to support his assertion that there was no evidence against him at trial; we also find the record does not show the trial court was biased against defendant. Accordingly, we affirm the trial court's denial of defendant's petition to seal and destroy his arrest records.

BACKGROUND

On January 15, 2015, the People filed a complaint against defendant for fighting in a public place and battery. The matter was tried and the jury found defendant not guilty on both counts.

On March 4,…