Sealing Juvenile Records in California

Many people assume that juvenile criminal records in California are automatically sealed when the offender turns 18. Unfortunately, this is not always the case. While it is true that some juvenile records are sealed automatically, many are not. If you or someone you love has a juvenile criminal record, there are some things you should know about getting those records sealed.

Expungement vs. Sealing Criminal Records

When a juvenile criminal record is sealed in California, the record no longer “exists by law”. This means that after your record is sealed and can only be accessed in a very limited number of circumstances—if you try to join the military or to obtain a federal security clearance, for example. In most instances, you can truthfully say that you do not have a criminal record. In other words, a sealed criminal record still exists in reality but cannot be accessed by normal means and will not appear during ordinary background checks conducted by a prospective employer, a financial institution, and most other interested individuals. By comparison, an expungement of a criminal record literally wipes your slate clean, and it is as if you were never arrested for the crime in the first place. An expungement is more thorough as all records of an expunged arrest are completely destroyed.

Sealing Juvenile Records in California

In certain circumstances, the court will automatically seal your juvenile criminal record. The Judicial Branch of California’s website notes that this occurs under both of the following two circumstances:

• Less serious cases dismissed after January 1, 2015: If your juvenile case was dismissed after January 1, 2015, you did not commit certain offenses, and the court finds that you completed your probation successfully, then the court will automatically seal the record of your juvenile case.
• Deferred Entry of Judgment: If the court finds that you adhered to the terms of your probation agreement under deferred entry of judgment, then the court will automatically seal the record of your juvenile case.

Even if your juvenile criminal case was not automatically sealed by the court, you can still petition the court to seal your records in some circumstances. However, the court is only able to seal your juvenile criminal record if you are over the age of 18 or it has been five or more years since your case was closed or since your prior experience with probation and a judge determines that successful rehabilitation has occurred.

It is important to realize that California law provides that a court cannot seal your juvenile criminal record if:

• You committed certain offenses when you were 14 or older;
• Your record is for conviction as an adult; or
• Your conviction was for one that involved moral turpitude.

Reach Out to Us for Help

If you have questions about sealing a juvenile criminal record in California, contact an experienced San Jose criminal defense lawyers for assistance. Call 408-277-0377 to schedule a confidential consultation with Wesley J. Schroeder, Attorney at Law today. With more than 40 years of legal experience, Mr. Schroeder can help you find the answers you need.

Sources:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=707.

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=WIC&division=2.&title=&part=1.&chapter=2.&article=20.5.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=707.

http://www.courts.ca.gov/28120.htm