California: Juvenile Court Records and Law Enforcement Records (CA-AR-5)

If the person was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities for a 707(b) offense that was committed after the person had reached 14 years old, a record relating to that 707(b) offense may be sealed if the person has reached 21 years old and has completed his or her period of probation supervision after release. Cal. Welf. & Inst. Code §781(a)(1)(D)(i)(I).

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

Yes

Mandatory / Discretionary

Discretionary

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

The person is ineligible for sealing under this section if, since the termination of jurisdiction in the matter, the person was convicted of a felony or of any misdemeanor involving moral turpitude. Cal. Welf. & Inst. Code § 781(a)(1)(A). For records ineligible for sealing, see Cal. Welf. & Inst. Code § 781(a)(1)(D), (c), (f).

Procedure General

The petition must be filed with the court where the delinquency petition was filed. If the person is eligible for sealing, the court will also consider whether the person has satisfactorily been rehabilitated. For specific procedure, see Cal. Welf. & Inst. Code § 781(a).

Fees

There is no statutory language regarding fees.

Effect

The following records are eligible for sealing: all records, papers, and exhibits in the person's case in the custody of the juvenile court, including the juvenile court record, minute book entries, and entries on dockets; and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. Cal. Welf. & Inst. Code § 781(a)(1)(A). Once the court orders the person's records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed. Cal. Welf. & Inst. Code § 781(a)(1)(A). A record sealed according to this subsection can be accessed, inspected, or utilized by a prosecuting attorney, probation department, juvenile court, or a court of criminal jurisdiction for certain specified purposes. Cal. Welf. & Inst. Code § 781(a)(1)(D)(ii), (iii).

Waiting Periods

The petition may be filed any time after the person reaches age 21 and is no longer on probation.

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