A juvenile criminal record can follow you for the rest of your life, causing several inconveniences. However, this does not have to happen. California laws allow the sealing of juvenile criminal records so no one can access them in the future, and you can do the same. All you have to do is petition the court, requesting them to seal the records. But for your petition to succeed, you should let an experienced criminal defense help you.
At California Criminal Lawyer Group, we have experienced attorneys who help clients convicted in Santa Ana file their record sealing petitions. Not only that. We will walk with you through the petition process and fight for you to ensure the judge grants your request. Call us if you wish to have your juvenile criminal record sealed, and we will start working on it as soon as possible.
The Meaning of Juvenile Record Sealing
When the judge grants your request to seal your juvenile record under Welfare & Institutions Code (WIC) 781, they are moving to close your case file, making all the documents and files in it nonexistent. They will not be public records anymore.
The whole idea of record sealing is to eliminate more stigmatization of an ex-child offender. So, once you have your juvenile record or records sealed, you can comfortably answer 'no' whenever asked:
- Whether you have ever been arrested
- Whether you have any criminal-related record, or
- Whether you have any sealed record
Your juvenile record comprises every court record and reports involving any criminal act you did as a child (while below eighteen years). This includes:
- Probation reports
- Exhibits
- Judge's rulings and findings
- Arrest reports
Technically speaking, juvenile delinquency court proceedings are not deemed criminal proceedings. This means if the juvenile court judge found you guilty of your charges, you do not, in the real sense, have any criminal conviction record. Hence, even if you do not petition to seal your juvenile record, you may still state you have never been found guilty of any criminal offense.
According to the state’s law, you do not have to reveal your juvenile conviction if asked whether you have a criminal record. However, following what the law states literally could cause you problems if a potential employer, lending agency, school, or state licensing agency later accesses your records and believes that you were deceitful. That is why lawyers advise taking the necessary legal steps to seal juvenile records.
Components of a Juvenile Record In Detail
As implied earlier, a defendant's juvenile record comprises various items and documents based on the facts of the juvenile offense and the juvenile adjudication process. Thus, you ought to determine what records you wish to have sealed, as it helps you be aware of what you should anticipate once the court agrees to your petition.
Juvenile records usually comprise any material associated with your arrest, charge filing, and juvenile court process, as long as it has something to do with the crime you committed while still a child. Your legal counsel should review your criminal records to determine whether they have included the relevant files/records in the petition. A typical juvenile record comprises these primary components:
Court Exhibits
Any court exhibit the prosecution used in the juvenile adjudication is included in the juvenile records. For instance, if you committed a violent offense involving a deadly weapon, the weapon will be an exhibit and, thus, is stored with your other records. Exhibits could also include photos of the crime scene and transcribed video footage and audio.
Court Rulings and Judgment
Any preliminary ruling the juvenile court judge made during your proceedings is considered a valid court record. These rulings show your case process until the juvenile court judge pronounces their final judgment. Your attorney should therefore look through the documents they intend to petition for sealing to ensure court rulings and judgment records are among them.
The final verdict or judgment the juvenile delinquency court judge issues is an essential record too. Usually, the court might declare a juvenile a ward of the court, meaning they ought to be held liable for their criminal conduct. Alternatively, the judge can dismiss their case on different grounds.
Irrespective of the judge's verdict, the document will remain part of the juvenile records. Consequently, it is essential to seal them, especially if you were not convicted. This will prevent any negative association with the records despite being acquitted of your charges.
Probation Reports
In most cases, the judge imposes a probation sentence and other rehabilitative punishments on juvenile offenders. Subsequently, the report on how you were performing on probation is a significant part of the juvenile record since they provide a detailed account of your probation term.
For instance, a probation report states whether you successfully served your sentence and adhered to all the terms. While petitioning to seal your record, your lawyer should not forget to include your probation report.
Reopening Sealed Juvenile Records
In particular cases, a court may allow for the reopening of your sealed juvenile records for official purposes. In every scenario, you must be informed of the intentions or move to reopen those records beforehand. There exist three scenarios in which sealed juvenile records can be reopened:
- The California DMV may permit auto insurance adjusters to review your vehicle driving record to assess your auto insurance eligibility plus risks. This is commonly so if you were ever prosecuted for DUI as a child, and it is the sole reason the Department of Motor Vehicle may disclose this information.
- If you are one of the parties mentioned in a civil defamation suit— in this case, your juvenile record may be reopened and be admissible as proof during the civil proceedings. For instance, if the defaming party alleges you committed a sex crime, the records will show the actual charges you faced. After the suit is resolved, those records will again be sealed, and the court will restore the status quo that forbids the public from accessing them.
- The prosecution team may reopen a sealed record to locate and disclose exculpatory proof in a given criminal case as provided under Assembly Bill (AB) 2952. Under AB 2952, prosecutors can access sealed juvenile criminal records after a child completes informal probation as long as they (prosecutors):
- Obtain the court's approval to access the records, and
- Only access the records to give exculpatory proof to an accused in criminal cases
Proponents of AB 2952 support it as it permits access to the juvenile records for a Brady Disclosure. Per the state's law, a Brady Disclosure mandates a prosecutor to give defendants any information or proof of the accused's guilt, punishment, or innocence.
Will the Sealed Juvenile Records be Destroyed?
Most likely, your juvenile criminal will be destroyed once it has been sealed. Unless the judge determines your record ought to be kept— which is only under extraordinary circumstances— they will direct that your sealed records be destroyed during either of these periods:
- When you reach 38 years, if the juvenile court judge has declared you a ward of the court for being involved in criminal conduct, or
- Five years from when the judge directed that your record be sealed if the juvenile court judge declared you a ward of the court due to being truant/habitually disobedient
The Juvenile Record Sealing Process
Understanding the juvenile record sealing process is essential as it provides you with the necessary procedural and substantive information. You also have to work with an attorney who understands the steps involved, so you do not worry about legal technicalities.
The procedure for sealing your juvenile record under WIC 781 takes averagely between eight and ten months, and the process is as follows:
Petition Filing
Your initial step to sealing and destroying your juvenile record is for your lawyer to file the record sealing petition in the juvenile court in the county where you were most recently convicted. Petition filing is the most critical part of the record sealing process, so your attorney should ensure every information is correct. They should be keen on entering key info that warrants the need to seal your juvenile record.
The petition also has to include the specific record/records you wish sealed, accompanied by detailed arguments supporting the claim. Including the exact details assists the judge in tracking the records easily and finds it easy to give their final verdict.
Bringing the petition on time is equally essential to avoid inconveniences. While the petition can be filed anytime, you should factor in any time-related requirements. Doing enough research will enable you to deduce that you meet the eligibility standard.
Court Interview
Once the petition filing process is over, the court will assess it and prepare for an interview. You will probably not even have to present yourself before the court. In many cases, your lawyer can show up to represent you. But the judge might want to interview you personally; you must show up in this case. During this interview, the court judge asks basic questions regarding your petition to see if you/your lawyer understand why you are petitioning the court.
This interview will also enable you to make the first impression on the judge, especially if you show up in person. Creating an excellent impression influences the actual court hearing and increases your likelihood of success.
Lastly, the judge also asks about urgent issues that justify a hearing soon. For instance, if you are preparing to travel abroad, your attorney may push to have the hearing occur within a short period. The judge will analyze your reasons and determine whether they are valid enough to adjust your hearing date.
Setting the Hearing Date
The judge will choose the hearing date after the petition filing and court interview. Once they select a date, they will inform your lawyer via a formal notice. When your lawyer receives the date, they will ensure to tell you about it. You want to keep this date in mind since you may be required to attend the hearing.
At times the hearing date may have to be adjusted because of unpredictable circumstances. Should this happen, you want to tell your lawyer as soon as possible for them to communicate to the judge right away.
The court will then set another hearing date that accommodates you. But, should extreme cases prevent you from presenting yourself in court, the hearing will carry on with your attorney representing you.
The Hearing
During the hearing, your petition will be reviewed, and any proof you, the prosecution, and the local county's probation department have presented. They will also listen to anybody else with relevant information about the case. Usually, a hearing occurs when the prosecution is disputing your petition to seal your record.
The dispute could arise from the prosecution's assertion that your charges were severe; thus, your record should not be sealed and destroyed for future reference. As a result, the hearing involves presenting proof and arguments that support your case while countering the prosecution's allegations.
Before the hearing, your lawyer should assist you in gathering relevant proof that convinces the court to seal and destroy your record. For instance, you may collect all certificates of successful rehab treatment ordered by the juvenile court and the probation reports.
Additionally, it is recommended that you present your original juvenile court judgment if you are arguing that your record should be sealed since you were not convicted as a juvenile offender.
The proof you provide will also come in handy as it will help the judge confirm your juvenile case facts. Similarly, the prosecution will present its evidence originating from different sources.
Usually, the prosecution team uses information from the local probation department and the D.A's office as proof. Essentially, its objective is to present evidence that disproves your move to want to seal your records.
Once the judge analyzes the present evidence and arguments, they will provide their ruling. The court might need to adjourn severally to allow the judge ample time for analysis.
Once the judge has reviewed all the information at the hearing, they will determine whether to:
- Deny your request to have your juvenile records sealed, or
- Grant your petition to have your record sealed.
If your petition is granted, the judge will seal your record and then issue a copy of their order to any agency that has access to or possesses your records directing them to seal them and eventually destroy them. Consequently, no public member will access the sealed and destroyed record, allowing you to start on a clean slate.
And if the judge denies your petition, you could try filing another one later. However, to help ensure the court grants your petition on your first round of filing, you want to speak with a skilled juvenile defense lawyer who is conversant with the state's juvenile justice system.
Eligibility for Juvenile Record Sealing
Before requesting for sealing of your juvenile record, you should first know whether you qualify. Doing so will save you from filing, only for the court to throw out the petition on the grounds it is invalid. It will also help you save time and resources.
You are eligible to seal your juvenile record under WIC 781 if all these factors apply:
- You do not have an unresolved civil lawsuit arising from any of your juvenile activity
- The court has a reason to believe you have successfully been rehabilitated
- As a grown-up, you have never been convicted of any misdemeanor or felony involving moral turpitude (by moral turpitude, it means immoral or dishonest behavior). Criminal offenses that involve moral turpitude in California include fraud crimes, theft crimes, particular sex crimes, and particular drug offenses.
- You are eighteen years or above, or the juvenile court jurisdiction was terminated less than five years ago.
However, there are also cases when you do not qualify to petition to seal your juvenile records. You do not qualify to petition for juvenile record sealing if the juvenile court judge convicted you of a crime listed under WIC 707(b) after turning fourteen.
Offenses listed under WIC 707(b) are considered among the most severe crimes. They include:
- PC 187, murder or attempted murder
- PC 451, arson
- PC 211, robbery
- PC 215, carjacking
- Particular sex offenses
- Particular weapon offenses
- PC 206, torture
- Any violent felony
Sealing Your Juvenile Record Where You Were Never Convicted
Apart from the eligibility requirements provided above to seal your juvenile record under Welfare & Institution Code 781, PC 851.7 addresses another category of individuals who may be eligible to seal their juvenile criminal records. If, while a minor, you were arrested for a misdemeanor offense and:
- The juvenile court acquitted you of your charges
- You were discharged with no conviction, or your charges were dismissed
- The juvenile court set you free since there was inadequate proof to try you for those charges.
You may file the juvenile record sealing petition at any time. This means you need not have turned eighteen, or at least five years have gone by since the juvenile court jurisdiction terminated. This scenario is similar to sealing and destroying adult criminal records.
Pre-Petition Diversion Program
If you were ordered into an informal diversion program as a juvenile offender instead of a formal petition filing with the court per WIC 654 and completed the program, the court would automatically seal your record. Additionally, it would inform agencies in charge of the diversion programs to seal the files. The agency would then tell you about the record sealing step, and if it declines to seal the records, it has to tell you why.
If the agency declines to seal your record because you failed to complete your probation to its satisfaction, you could file a petition in court contesting the decision. If the court establishes that you served your probation term successfully, it will compel the agency to seal the record.
You must consult your probation officer or lawyer if unsure of your juvenile criminal record sealing.
Deferred Entry of Judgment (DEJ)
If, when you were a child offender, the juvenile court granted a PC 1000 drug diversion program, which you completed, then the record of that juvenile conduct ought to be dismissed, and your juvenile record regarding that specific case has to be automatically sealed. After you have completed your DEJ diversion program, you can ask the court to ensure it indeed sealed the record.
Advantages of Juvenile Record Sealing
Many advantages come with sealing your juvenile record. Significant ones include:
- You will have the satisfaction of knowing you can start on a clean slate in life without being haunted by your childhood mistakes
- You would not have to comply with the sex offender registration requirement under PC 290 if you were mandated to register as so based only on a juvenile conviction.
- If your juvenile record is sealed, prospective employers will not disregard your application or inquire about your criminal record.
- You can honestly state that you do not have any criminal history. This will open doors for loans, licensing, employment, and educational opportunities, among other openings.
Find an Experienced Criminal Attorney Near Me Experienced in Juvenile Delinquency Matters
You may think the crime you committed as a child is gone and forgotten, but that is not the case. That crime can come back to haunt you in your adult life and various ways. The ideal thing to do is to seek to have any record of that offense sealed. Doing so can enable you to start your life afresh as though you were never convicted or arrested as a minor. Do you want your juvenile criminal record sealed but are wondering where to start? An attorney is the best place to begin. Hiring an experienced lawyer who understands the record sealing process and the requirements is critical to increasing the chances of winning your petition.
At California Criminal Lawyer Group, we offer excellent services in Santa Ana regarding sealing juvenile criminal records. With our assistance, you can rest assured you will have a better chance to start on a clean slate. Contact us today at 714-844-4151 to begin the process.