Juvenile records can result in trauma, reduced self-esteem, and a delinquency record that could negatively affect different aspects of your life, like seeking employment, finding educational aid, finding financial help, and obtaining affordable housing. Under Welfare and Institutions Code 781, sealing your juvenile records means the court closes your files, denying the general public access. Sometimes courts automatically seal juvenile records. If you do not qualify for the automatic sealing, you should ask the court to do so. After sealing juvenile records, you can answer any inquiries as if the records never existed. You can qualify for this post-conviction relief if you are 18 or it has been five years since you completed your sentence. Please continue reading this blog post to learn how to seal your juvenile records.

What Sealing Juvenile Records Entails

Juvenile delinquency records contain juvenile court files, documents relating to your case, minute book entries, and any other documents or recordings in the custody of police officers, the probation department, or the district attorney’s office for offenses committed while you were a minor or below 18.

Suppose the court approves your request to seal juvenile records under Welfare and Institutions Code 781. In that case, it will close the files, and the general public can no longer access the juvenile records.

The objective of the sealing procedure is to stop further stigmatization a former juvenile offender faces. Once your juvenile record is sealed, you can answer “no” to the following questions:

  • Have you been previously arrested?
  • Do you hold a criminal conviction?
  • Is there a sealed record in your name?

Juvenile court proceedings are not deemed criminal. It means if you do not have a criminal conviction on your record, even if you were found guilty and declared a ward of the juvenile court. Therefore, even when the court fails to seal the juvenile records, you can lawfully claim that you have never been sentenced for an offense. However, it is wise to seal the juvenile records; you could find yourself in trouble if your prospective employer, school, or state licensing authority learns of the records and believes you are deceitful.

The juvenile record includes the following:

Arrest Reports

After your arrest for an offense committed as a youth, the arresting police officer will book you pending a court appearance. In the booking procedure, the arresting officer will ask for personal details and take fingerprints and mugshots. Even when you were taken to juvenile court and found not guilty, specific arrest records can be available to anyone who conducts a background check.

Case Exhibits

Case exhibits include any item the prosecution’s team used against you in juvenile court proceedings. Exhibits can consist of photographs, transcribed audio, and video recordings.

Judges' Findings and Rulings

Once, as a minor, you are arrested or found guilty of an offense, the judge’s findings and rulings in your case become part of your juvenile record. The record can be accessible to the general public, including prospective employers or higher education officials, when they perform background screening.

Probation Report

Suppose the court sentences a juvenile to probation after being convicted. In that case, the probation official overseeing their case makes a report that informs the court of the minor's rehabilitation progress. The probation report includes reports prepared by a probation official and the judge’s initial order. 

Eligibility for Sealing a Juvenile Record in California

You qualify for juvenile record sealing under Welfare and Institutions Code 707(b) if all the statements below are correct:

  • You have attained 18 years, or 5 years have passed since you completed your juvenile court’s sentence, whichever occurs first.
  • You were not found guilty of a misdemeanor or felony involving moral turpitude. Moral turpitude means immoral or dishonest conduct, and offenses involving moral turpitude can include theft, fraud, specific drug crimes, or specific sex offenses.
  • The court deems that you have been rehabilitated.
  • There exists no ongoing litigation relating to your juvenile incidents.

You do not qualify for juvenile records sealing if, after turning 14, you were found guilty of any offense outlined in California Welfare and Institutions Code 707b. These offenses include the following:

  • Attempted murder
  • Robbery
  • Arson
  • Certain sexual crimes
  • Carjacking while armed with a deadly weapon
  • Kidnapping with bodily harm
  • Kidnapping to engage in robbery
  • Discharge of a firearm into an inhabited building
  • Aggravated mayhem
  • Torture
  • Assault by any means of force likely to cause great bodily injury
  • Attempted murder
  • Assault using a destructive device or firearm

Circumstances When Juvenile Records Get Automatically Sealed in California

Sometimes, the juvenile court can automatically seal your records without you bringing a petition. These circumstances include the following:

  • Less severe charges dismissed following January 2015
  • Deferred entry of judgment
  • Prepetition diversion program

Prepetition Diversion Program

After January 2018, if you

  • Engaged in a diversion program instead of proceeding to court per WIC 654, and
  • Complete your program

The probation department will seal the probation files and tell the law enforcement authority that apprehended you and other agencies operating the diversion programs to seal the records.

The probation department will notify you once it seals the juvenile records. If the probation fails because it believes you have not completed probation, you can request the court to assess the decision. If the juvenile court thinks you have completed your probation, it will ask the probation department to seal the files.

After January 2021, if you engaged in a law enforcement diversion program and were not ordered to complete probation, the authority will seal the records after completing the program and notify you.

Less severe charges dismissed after January 2015

The court will automatically seal your records if:

  • The juvenile court dismissed your case after January 2015
  • You have not committed a 707(b) crime when you were at least 14
  • You completed probation

If you fail to complete your probation, the court will neither dismiss the case nor automatically seal the juvenile records. In this case, you will request the juvenile court to seal the files. That is why you should focus on and fulfil your probation conditions.

Deferred Entry of Judgment

Deferred Entry of Judgment (DEJ) is a form of juvenile parole or probation that requires a minor to admit to engaging in a felony crime. The judgment is not entered, and the minor is instructed to adhere to specific terms. The probation duration ranges between one year and three years.

DEJ is granted to first-time nonviolent felony defendants. To qualify for DEJ, you should satisfy the requirements below:

  • The current crime is not welfare
  • You have not been a court ward prior due to a felony
  • Your crime is not a severe sex offense
  • You should be below 14 during the hearing
  • You should qualify for probation per PC 1203.06
  • You must have completed all their probation
  • You have never been committed to a Division of Juvenile Justice facility

If you qualify for a DEJ, the prosecution team will inform you, the court, and defense counsel. The judge will determine whether you are suitable for deferred entry of judgment.

 The juvenile should admit to every offense they are facing. Therefore, if an eligible juvenile insists on a trial or adjudication hearing, they cease to qualify for DEJ.

The juvenile court can automatically seal juvenile records once you complete a pretrial diversion program. If the probation agency does not seal your juvenile record after completing your diversion program, it should inform you so that you can apply for record sealing.

The Procedure of Sealing Juvenile Records in California

There is no fee for asking the court to seal your juvenile records. However, the process can take about 8 to 10 months. Consider hiring a defense lawyer to know how to get started. What to expect includes the following:

  • Your attorney will prepare a petition to seal your juvenile records by filling out form JV-595. The probation department can assist you in identifying your records. You can also obtain copies of the criminal history from the Department of Justice, provided you pay and submit your fingerprints. The probation department will identify your records. Your attorney can also obtain a copy of your criminal history from the California Department of Justice after providing your fingerprints and paying an applicable fee. The judge could order every agency on your list to seal your juvenile records.
  • Next, you should submit the relevant paper to the probation department in the county where you have juvenile records. The probation officer has three months to submit your petition to the court with a list of people/agencies with your juvenile record and any previous contact with probation or law enforcement.
  • The judge will analyze your petition and decide right away. They can also schedule a court hearing to determine whether to approve or deny your sealing petition. You may not be required to attend physically unless the judge instructs you to. In that case, your lawyer can appear in court on your behalf.

If the presiding judge grants the request, the court will send a court order to the different departments with copies of your juvenile record for sealing.

If the judge denies your petition, you can file it later.

When Sealed Juvenile Records Can Be Reopened

The juvenile court could permit certain agencies to reopen your records for reference. In each instance, the court will inform you.

The authorities can reopen your juvenile records in any of the following instances:

  • Insurance company — An insurance adjuster may request to view your juvenile records if you are facing DUI charges or when the insurance company seeks to conduct a risk evaluation after making an insurance application. The Department of Motor Vehicles authorizes the scrutiny.
  • Defamation case — If you are part of a defamation case, the juvenile court may allow the reopening of your sealed records. Reviewing the records makes it possible to present proof that may discredit false allegations against you and offer proof in the lawsuit. After your civil proceedings are terminated, the court will seal your juvenile records again.
  • You are applying for benefits as a nonminor dependent
  • The federal government can reopen your sealed records when you apply for a federal enlistment or job.

Pros of Sealing Your Juvenile Record

Advantages of sealing juvenile records include the following:

Improved Job Prospects

Even though different laws ban discrimination against job applicants due to a conviction, juvenile records could hinder a candidate’s competitive edge. Many employers prefer hiring job applicants with no criminal record. Consequently, individuals with sealed juvenile records may apply for jobs without fear of exposing their juvenile criminal records.

Enhanced Housing Opportunities

Private landlords and home management firms typically conduct checks on each potential client. Since you require good housing, failing to seal your juvenile records could result in your lease request denial. Nevertheless, once you seal the juvenile records, potential landlords and leasing agents cannot access your records, and you can obtain affordable housing.

Makes Securing Credit or Loans Hassle-free

Certain financial agencies decline lending to clients with criminal records because they believe the defendant might not honor their financial responsibilities. Since sealing your juvenile record makes it inaccessible, you should not worry about facing exorbitant interest rates or securing a loan altogether.

Makes it Easier to Secure Educational Grants

Higher education enables a person to enhance their employment chances and living standards. However, many individuals cannot manage to cover the cost of furthering their education and depend on financial aid. The government utilizes different measures to eliminate the number of loan applicants, including checking for criminal records. Sealing a juvenile record can increase your chances of becoming eligible for educational financial grants.

Guarantees You Peace of Mind

Knowing you have no criminal background assures you that nobody can deny you the opportunity to pursue your dreams. It also gives you the satisfaction that you have a fresh start. Any person with a criminal record finds it challenging to feel truly free.

No Sex Offender Registration

Once you seal the juvenile record, the law will no longer require you to register as a sex offender per PC 290 if you were previously obligated to register based on your juvenile conviction.

Smoothens Your Adoption Procedure

While looking to adopt a baby, it could be frustrating if your juvenile records obstruct your adoption decision. Potential adoptive parents undergo background screening before being allowed to adopt, and California Child Welfare Services could deny your adoption request if you have juvenile records. Sealing your juvenile records helps you navigate the adoption procedure without the burden of a criminal history.

How Expungement Differs from Sealing of Juvenile Records

Juvenile record expungement and sealing may seem interchangeable, but they have varying purposes with different outcomes.

Sealing closes your juvenile record and files once the court approves your petition, making it inaccessible to many employers and the public. Nevertheless, the record still exists and may be accessible by law enforcers or a court order in limited circumstances.

On the contrary, expungement erases your juvenile records as if the offense never occurred.

Each option has specific eligibility and benefits. Choosing between sealing and expunging your juvenile records depends on the nature of the crime and your long-term goals and needs.

How a Post-Conviction Relief Attorney Can Help

When sealing your juvenile records, it is wise to enlist a lawyer to guide you through the procedure. Here is why:

The Lawyer Knows California Law

When working on post-conviction relief, you require assistance from an individual who knows how juvenile record sealing works. Having legal counsel will enable you to avoid legal pitfalls or mistakes.

While you can read relevant information about juvenile record sealing independently, California law can be complex. A skilled legal counsel can guide you in navigating the sealing procedure effectively and efficiently. They can also build a strong case tailored to your case facts. It involves collecting evidence and preparing compelling arguments to present in the court.

Prompt Responses and Processing

An attorney ensures you stay informed about the progress of your petition. They have measures to track your application’s status and upcoming court date or deadlines.

They can also use their knowledge and networks to communicate with court clerks, speed up the process, and submit the appropriate paperwork promptly, reducing delays.

Lawyers Can Increase the Chances of Your Petition Being Granted

Your lawyer can make a significant difference in securing favorable outcomes. They can use their extensive legal expertise to develop persuasive arguments that bolster your chances of the judge granting your sealing of the juvenile record request. Your defense attorney is also well-equipped to address potential difficulties during the procedure.

Protecting Your Constitutional Rights

The responsibilities of your post-conviction relief attorney go beyond navigating the legal process; they are dedicated to protecting your constitutional rights and ensuring that law enforcement treats you fairly. The protection includes overcoming the prosecution team’s objections and addressing complex qualification criteria or unexpected legal hurdles. Your lawyer is skilled in tackling these difficulties from the initial consultation to the court hearing.

Finding a Seasoned Post-Conviction Relief Attorney Near Me

Contrary to the common misconception, juvenile records are not always automatically sealed after a minor attains 18 years. After satisfying the eligibility criteria or requirements, you should apply to the court to seal juvenile records. Failing to seal juvenile records can cause discrimination when applying for a professional license, credit, employment, or educational opportunities. The skilled legal team at California Criminal Lawyer Group understands the negative repercussions of a juvenile conviction and can review your case facts to determine your eligibility. If you qualify, we can help you complete and submit the relevant paperwork correctly and on time and guide you throughout the process. Please contact our San Jose legal office at 408-622-0204 to schedule your initial consultation.