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California: Adult Convictions (CA-AR-9)

California: Adult Convictions (CA-AR-9)

Records relating to a juvenile’s arrest and referral and participation in a diversion or supervision program in the probation department's custody, shall be sealed upon satisfactory completion of a program of diversion or supervision. Cal Wel & Inst Code § 786.5(a).

Record Detail(s)
Arrests
Successful completion of diversion or deferral program
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Mandatory
Hearing
No
Clearance Process
Automatic
Remedy
Seal
Ineligible Category or Citation

No statutory language regarding ineligible offenses. 

Procedure General

The procedure is automatic. Cal Wel & Inst Code § 786.5(a).

Fees

There is no statutory language regarding fees.

Effect

The probation department shall notify the arresting law enforcement agency to seal the arrest records described in subdivision (a), and the arresting law enforcement agency shall seal the records in its custody relating to the arrest no later than 60 days from the date of notification by the probation department. Upon sealing, the arresting law enforcement agency shall notify the probation department that the records have been sealed. Within 30 days from receipt of notification by the arresting law enforcement agency that the records have been sealed pursuant to this section, the probation department shall notify the minor in writing that their record has been sealed pursuant to this section. If records have not been sealed pursuant this section, the written notice from the probation department shall inform the minor of their ability to petition the court directly to seal their arrest and other related records. Cal Wel & Inst Code § 786.5(b).

Once the court has ordered the person's records sealed, the proceedings in the case shall be deemed not to have occurred and the individual may respond accordingly to any inquiry, application, or process in which disclosure of this information is requested or sought. Cal Wel & Inst Code § 786.5(c).

Waiting Periods

There is no waiting period.