Sealing Juvenile Records in California

San Jose Regulating Sealing Of Juvenile Records Lawyer And Santa Clara Criminal Defense Attorney

Having a criminal record is a liability in many areas of life, especially in finding employment. It may be especially frustrating to continue to have to deal with a juvenile record long after your days of youthful troublemaking are over. Fortunately, in California, you may be eligible to have your juvenile record sealed for most offenses with help from an experienced San Jose criminal defense lawyer.

What Is Sealing?

Juvenile criminal records are not automatically sealed upon reaching age 18. However, when a juvenile is eligible for sealing, he or she may file a petition with the juvenile court located in the county where the case was dealt with.

If the petition is granted, then for five years, the record is sealed. This means that it is not accessible by the public, but some parties may still see it. For example, it can be seen if you apply for a job in law enforcement or health care, if you have committed a driving offense, or in DMV background checks.

The court then sets a date for the record to be expunged, or physically destroyed. This is five years after the record ordered is sealed, unless the court finds good cause to keep the record for a longer time. Also, you can request to have the record released to you instead of being destroyed, if for some reason you want to keep a copy.

After the juvenile record has been sealed, you can honestly answer “no” to any questions, such as on job applications, about whether you have ever been arrested, adjudicated guilty, or convicted of a crime.

Who Can Petition?

There are both time and rehabilitation eligibility requirements for having a juvenile record sealed. A juvenile offender may petition to have his or her record sealed:

• At any time over age 18;
• Five years or more after the juvenile court no longer has jurisdiction; or
• Five years after the end of probation.

Additionally, the juvenile offender:

• Must have had no subsequent convictions for crimes, whether felony or misdemeanor, of moral turpitude; and
• Must have been rehabilitated.

Crimes of moral turpitude are serious crimes, such as assault and battery, theft, sex offenses, drug offenses, or fraud.

Some serious and violent felonies are not available for sealing, if the juvenile committed them at age 14 or older. These offenses include rape and sexual assault, murder, robbery, arson, armed carjacking, and other serious crimes. If a person with a juvenile record never petitions to have the record sealed, then at age 38, the record will automatically be destroyed.

Having a juvenile record can cause trouble in employment, housing, education, and other areas of life, so it is best to try to get it sealed as soon as possible. If you want to seal your criminal record, please contact skilled San Jose criminal defense attorney Wesley J. Schroeder today to schedule your appointment.