Is a defendant entitled to an evidentiary hearing?

Defendant's claim that he was entitled to an evidentiary hearing fails because subdivision (e), the Penal Code section controlling petitions for record sealing after trial and acquittal, does not require an evidentiary hearing. Although defendant brought his petition based on subdivision (c) of section 851.8, it is clearly subdivision (e) that applies. We therefore analyze the petition as if it had been brought under subdivision (e). (See Hudson v. Superior Court (2017) 7 Cal. App. 5th 999, 1011, 213 Cal.Rptr.3d 227 ["[t]he law respects form less than substance," and a court may treat a motion in accordance with the relief it seeks regardless of labels.].)¹