Petition to Seal Juvenile Record
Juvenile cases do not automatically seal, and government agencies can sometimes obtain juvenile records, or request information about a juvenile case. To make sure the record is under seal, an adult must file a petition to seal a juvenile record under Welfare and Institutions Code section 781. Besides the benefit of sealing the juvenile record, certain sex offenders will be relieved of the duty to register as a sex offender if the petition is granted. The Law Office of David Reagan helps clients seal a juvenile record so that youthful mistakes do not affect their future.
What is a petition to seal a juvenile record?
A petition to seal juvenile records is brought under Welfare and Institutions Code section 781, and, if granted, seals the record of a juvenile adjudication. A juvenile adjudication is a guilty or no contest plea, or an adjudication of guilt after a hearing in juvenile court.
Who is eligible?
To be eligible, at least five years must have passed since the juvenile court's jurisdiction terminated, or the juvenile must have reached the age of 18, whichever is sooner.
Since the date of the juvenile adjudication, the petitioner must not have been convicted in adult court of any felony or misdemeanor crimes involving moral turpitude or had a second adjudication in juvenile court for a felony or misdemeanor involving moral turpitude. There must also not be any civil litigation pending regarding the case, such as the petitioner being sued for battery, or the petitioner suing the state for unlawful use of force.
If the juvenile adjudication was for an offense listed in Welfare and Institutions Code section 707, subdivision (b), and the juvenile was age 14 or older when he or she committed the offense, the record can only be sealed if:
(I) The person was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, has attained 21 years of age, and has completed their period of probation supervision after release from the division.
(II) The person was not committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, has attained 18 years of age, and has completed any period of probation supervision related to that offense imposed by the court.
Offenses found in Welfare and Institutions Code section 707, subdivision (b), include murder, rape, and assault with great bodily injury, among others. The above requirements do not apply if the court has previously dismissed the adjudication under section 782 or reduced the felony to a misdemeanor.
If any of the offenses in a juvenile record prohibit sealing, the entire record cannot be sealed.
Under the California Rules of Court, rule 5.830, the petition must be filed with the probation department of the county where the last court case was heard.
What are the benefits?
If the juvenile record is 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." This is a great benefit for employment, licenses, government applications (although the adjudication can still be seen by the military), and peace of mind.
If a sex offender was under 14 years of age at the time of the sex offense, or was not convicted of an offense listed in Welfare and Institutions Code section 707, subdivision (b), a granted petition to seal will relieve that person of the duty to register as a sex offender under Penal Code section 290.
Why Hire an Attorney?
The timeliness and eligibility requirements for a petition to seal are somewhat complicated; accordingly, the Law Office of David Reagan can assist a petitioner in determining eligibility for a petition, and presenting the petition in a compelling manner to the court.
For a sex offender, particular care is needed to present the facts of rehabilitation to the court, because courts are always very hesitant to grant relief from registration to a sex offender, even one who offended as a youth.
Reliable, compassionate, and ethical, the Law Office of David Reagan has years of experience sealing records. Mr. Reagan handles cases in Alameda County, Contra Costa County, San Francisco County, Santa Clara County and throughout California.
