People who have a "juvenile delinquency adjudication" - commonly referred to as a juvenile record - may petition the court to have that record sealed through the provisions of California Welfare and Institutions Code Section 781. As with expungement for adults, sealing of juvenile records is important for people who violated the law in the past but have since that time maintained a clean record and been contributing members of society.
It's important to understand the difference between juvenile and adult courts. Adult criminal courts in California deal with people 18 years of age and older accused of violating state and local laws. Adults found guilty of misdemeanors or felonies have a criminal record. It is possible at a later date to have this record expunged, whereby the conviction is replaced by a dismissal if specific requirements are met and the court believes that the person has learned from his/her experience. (See all our posts on expungement.)
Juvenile courts deal with minors, people 17 years of age and younger. A person found guilty in juvenile court has a juvenile delinquency adjudication rather than a criminal conviction. The idea is that since young people are not always appreciative of their responsibilities as citizens and understanding of the consequences of their actions, they should not have the stigma of a criminal conviction. Nonetheless, juvenile violations can still hinder people's ability to obtain employment or apply for college, even though they can legally answer no if asked if they have a criminal record. Thus the importance of having juvenile records sealed.
Having juvenile records sealed means that the court orders that all documents pertaining to the case - court records, police and probation reports - are sealed and inaccessible. (Exceptions to this are DMV records pertaining to driving violations.) Once the records are sealed, a person may legally say that he has no convictions and the courts and law enforcement must say that they have no record of a violation. Records are destroyed five years after they are sealed.
You may petition to have your juvenile records sealed if:
- It has been five years since your supervision by juvenile court ended or you have reached 18 years of age, whichever comes first;
- Your case began and ended in juvenile court;
- You have not been convicted of an adult court felony, or an adult court misdemeanor involving moral turpitude;
- You have not been convicted of any crimes listed under California Welfare and Institutions Code Section 707(b) after turning 14 years of age, including murder, arson, violent felonies, robbery, certain types of assaults and sex offenses and other serious violations;
- You can demonstrate that you have been rehabilitated;
- You do not have civil actions pending against you related to the incident that you wish sealed;
- You have paid all fines and restitution.
Sealing of juvenile records does not happen automatically. Since a petition must be filed in each county in which you have a juvenile record, and each county has its own procedures, an experienced criminal attorney can be invaluable in expediting the process.
As more information is available online, it's critical for people looking for employment, being considered for advancement in their current organization, or applying for college to look to seal their juvenile records and expunge their adult records. Contact the Law Office of Nancy King if you have questions about these processes.
California Welfare and Institutions Code Section 781
"Sealing Your Juvenile Records," First District Appellate Project
