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DISCLAIMER:

The information provided on this page is generic in nature. It is intended to provide you with an overview of the process for sealing juvenile records. If you are contemplating the sealing of a juvenile record, we recommend that you contact an attorney.

The public defender's office has attorneys that concentrate in the area of juvenile justice. Even if we did not represent you in the original matter, we can help you to seal your juvenile records if you qualify for our services.

The full text on sealing juvenile records may be found in the California Welfare and Institutions Code section 781. (To view the full text, click here, scroll down to section 781, and use the back button on your web-browser to return to this page.)

WHEN CAN JUVENILE RECORDS BE SEALED?

As a rule of thumb: any person, after reaching 18 years of age, and after any probation period or wardship has ended, may petition the court to seal his/her juvenile records.

WHAT ARE "RECORDS"?

The records, referred to in section 781, that can be sealed, consist of the following:

Information at the Department of Justice.

Petitions and reports in court files.
All probation officer's reports.
All police reports and files.

All District Attorney files.

"Records" can be sealed regardless of whether: the minor was convicted of any offense (sustained offense) in juvenile court, had any police contact, was arrested but was never required to appear in court, or if the minor appeared in court and was found "not guilty."

WHAT CRIMES CAN and CANNOT BE SEALED?

Generally, all records relating to "crimes" committed as a juvenile can be sealed, except for any crime that was dealt with in adult court or listed in California Welfare and Institutions Code section 707(b) if the minor was 14 years of age or older when the crime was committed. (To view the full text, click here, scroll down to section 707(b), and use the back button on your web-browser to return to this page.)

NOTE: Proposition 21 became law in March 2000. Under its provisions, a minor cannot seal any juvenile record for a crime listed in California Welfare and Institutions Code section 707(b), if the crime was committed by a juvenile 14 years of age or older. The prior code section prevented juvenile's 16 years of age or older from sealing their juvenile records.

[**The law has not yet been interpreted by our courts as to whether a juvenile who was older than 14 years of age but less than 16 years of age, when their crime was committed, can seal his/her juvenile records for a W&I 707(b) crime committed before March 2000.** If you fit into this category, you should contact an attorney.**]

According to W&I 707(b) the provisions for sealing juvenile record's do not apply to the following crimes:

Murder.

Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.

Robbery.

Rape with force or violence or threat of great bodily harm.

Sodomy by force, violence, duress, menace, or threat of great bodily harm.

Lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.

Oral copulation by force, violence, duress, menace, or threat of great bodily harm.

Any offense specified in subdivision (a) of Section 289 of the Penal Code.

Kidnapping for ransom.

Kidnapping for purpose of robbery.

Kidnapping with bodily harm.

Attempted murder.

Assault with a firearm or destructive device.

Assault by any means of force likely to produce great bodily injury.

Discharge of a firearm into an inhabited or occupied building.

Any offense described in Section 1203.09 of the Penal Code.

Any offense described in Section 12022.5 or 12022.53 of the Penal Code.

Any felony offense in which the minor personally used a weapon listed in subdivision (a) of Section 12020 of the Penal Code.

Any felony offense described in Section 136.1 or 137 of the Penal Code.

Manufacturing, compounding, or selling one-half ounce or more of any salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.

Any violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which would also constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.

Escape, by the use of force or violence, from any county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 where great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.

Torture as described in Sections 206 and 206.1 of the Penal Code.

Aggravated mayhem, as described in Section 205 of the Penal Code.

Carjacking, as described in Section 215 of the Penal Code,while armed with a dangerous or deadly weapon.

Kidnapping, as punishable in subdivision (d) of Section 208 of the Penal Code.

Kidnapping, as punishable in Section 209.5 of the Penal Code.

The offense described in subdivision (c) of Section 12034 of the Penal Code.

The offense described in Section 12308 of the Penal Code.

Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.

HOW TO BEGIN SEALING RECORDS?

If the applicant is currently on probation:

Before his/her juvenile records can be sealed, the applicant must have satisfied all of the conditions of his/her probation, meaning the successful completion of community service, work-project, or, payment of any fines imposed by the court or victim restitution. To determine whether you owe fines or restitution in Yolo County, go to the Officer of Revenue and Reimbursement (OR&R). [OR&R is located at 725 Main Street, Woodland, California. The telephone number for OR&R is: (530) 666-8668.]

Attorney's fee's or placement costs do not have to be paid before the court can terminate probation.

Juvenile probation is automatically terminated when an individual is older than 21 years of age. However, if the applicant is under 21 years of age, the following steps should be followed.

First, the applicant may contact an attorney. This could be either a public defender or private attorney, depending on the applicant's financial status and ability to pay costs.

Second, the attorney contacted will schedule a hearing date with the court.

Finally, at the hearing, the petitioner and his/her attorney will present their case as to why probation should be terminated. Then, after hearing any opposing arguments, the judge will decide if probation should be terminated.

If the applicant is 18 years of age or older, is not on probation, or has had his/her probation terminated:

The applicant may contact an attorney. The attorney will file a motion in juvenile court to seal your records. Accompanying that motion must be an affidavit signed by the applicant. This affidavit will include a statement that he/she is not currently involved in any civil litigation, which is related to the records being sealed. This motion will be sent to other agencies that have the applicants juvenile records (i.e., District Attorney, Probation Department, Police Department, Department of Justice, Court, etc...). These agencies will have the opportunity to object to the sealing of records. The process generally takes one-month to complete.

If he/she is involved in civil litigation related to the record being sealed, he/she must wait until this litigation is completed before his/her juvenile record(s) may be sealed.

The applicant will be told when he/she needs to appear in court. On this date, the judge will conduct a hearing, which may include testimony from someone who opposes the motion to seal the juvenile's records. If no one opposes the motion, or, if the judge agrees that the records should be sealed, then an order is made to that effect.

WHAT IS THE EFFECT OF SEALING JUVENILE RECORDS?

Generally, after the records have been sealed the underlying offense is "deemed never to have occurred."

Also, if section 290 (registration) applies, the applicant can ask the judge to relieve him/her of the registration requirement.

While most records can be sealed, an exception exists for Department of Motor Vehicle (DMV) records. These records are public records. Sealing an individual's juvenile records will not erase a prior DUI, or remove "points" from their driving record. DMV: can seal juvenile records but the DMV can still use them, see California Welfare and Institutions Code section 781. (To view the full text, click here, scroll down to section 781, and use the back button on your web-browser to return to this page.)

FOR ADDITIONAL INFORMATION?

Contact the Yolk County Public Defender's Office and make an appointment to speak with an attorney. Our telephone number is (530) 666-8165.

Questions or comments?

Last Updated: 02/23/08