Your charges and conviction remain on your record when you face an arrest and charge under the juvenile justice system. A juvenile record can have an impact on your life and future. The arrest will show up on background checks. Therefore, landlords, schools, and potential employers can find it and use it against you.

These events may severely impact your ability to obtain a job or a place to live. Fortunately, California law allows you to seal your record. Sealing means your record is hidden and treated as if it never happened. Some juvenile records are sealed automatically when you turn 18.

You should petition the court and wait for the judge's decision. You can prepare the court to seal your record and protect your privacy with the proper steps. When petitioning the court to seal your juvenile record, you will need the insight of a skilled criminal defense lawyer.

An Overview of Juvenile Record Sealing in California

Juvenile records in California are the official documents created when a minor is involved in a criminal or delinquent case. Minors can be arrested and charged for violating California law. However, their cases are handled under the juvenile justice system. The juvenile court systems aim to rehabilitate the minors, not punish them.

Juvenile records are kept separate from adult criminal records. They are not open to the public, but some agencies can access them. The records show what happened during the case and the outcome. Juvenile records include:

  • Court records. These include all documents related to the juvenile case, such as petitions, rulings, and probation reports.
  • Probation department records. The probation department plays a significant role in juvenile cases. The files kept by the probation officer about supervision and progress are part of your record.
  • Law enforcement records. These include arrest reports, police notes, and evidence collected during the investigation.
  • District attorney’s records. These documents from the prosecutor’s office are part of your criminal record. They include charging papers and plea agreements.

A juvenile record can affect your life well beyond adulthood. Fortunately, you can seal it to avoid the collateral consequences. Sealing a juvenile record in California means hiding it from public view. A sealed record is treated as if it never existed. Juvenile record sealing aims to give young people a fresh start after rehabilitation.

After a record is sealed, it is no longer available to employers, landlords, or schools. This means background checks will not show the juvenile case. Also, you can legally answer no when asked whether you have a criminal record.

When the court orders your juvenile record to be sealed, all parts of the case are erased. This includes court files, probation reports, police records, and prosecutor documents. The court will then remove these records from public access and can destroy them.

Sealing does not erase the memory of your mistakes. However, it clears the official record. Additionally, it prevents your mistakes from affecting your future opportunities.

Steps for Sealing Juvenile Records in California

Sealing a juvenile record in California gives you a clean slate. When your record is sealed, it will not appear on background checks. The process of sealing your juvenile records takes the following steps:

Confirm Your Eligibility

Not all records can be sealed in California. There are specific requirements you must meet to enjoy this form of relief. Therefore, the first step you must take is to ensure that you meet the criteria. You are eligible for juvenile record sealing if:

  • You are 18 years or older.
  • Up to five years have passed since your juvenile court supervision ended.
  • You have no open criminal cases.
  • You have not been convicted as an adult for any crimes that involve moral turpitude. These offenses include fraud, theft, or violence.

You have completed all the conditions of your juvenile probation. Many juvenile offenders face probation instead of incarceration. Therefore, you must have served your probation to seal the juvenile record.

You might qualify for automatic sealing if your case was dismissed or handled through probation diversion. However, certain offenses are harder to seal. Serious or violent offenses listed under Welfare and Institutions Code (WIC) Section 707(b) may have restrictions.

Filing a petition to seal your record when you are not eligible can delay the process or lead to a denial. Therefore, consult your county probation department or court before filing a record sealing petition.

Gather All Necessary Information and Documents

If you meet the eligibility requirements for sealing your juvenile records, you can gather the necessary evidence for your petition. You will need to understand who you are accurately and your case. Some evidence you should collect is:

  • Your full legal name and date of birth
  • The juvenile court case number
  • The name of the juvenile court where your case was heard
  • The dates of arrest, hearings, or probation
  • Proof that you completed all probation requirements. This could include completion letters or discharge papers.

If you do not have these documents, you can contact your county probation office for assistance in receiving them. The department will help you locate your case number and files. You should organize all the information you collect in one folder before moving to the next step.

This speeds up the process and prevents mistakes. Seeking legal insight is key as you prepare to file your petition. Your attorney will help ensure you have all the documents needed for a successful petition.

Fill Out the Proper Forms

California uses official forms to seal juvenile records. The main one you must fill out is Form JV-595. Some counties may have extra local forms. Therefore, you should examine the agencies that have your records. You can visit your county court’s website or ask the probation office. In your request for juvenile record sealing, you should include the following information:

  • Your name, address, and contact information
  • The juvenile case number and the county where it was filed
  • Details about your charges
  • A list of all agencies that might have your records

If you leave information out, the court may request more details later. This could delay your record sealing. You can avoid the delays and misinformation by working with a competent criminal defense attorney throughout the record sealing process. After completing the request form, you can make a few copies.

Submit the Petition to the Correct Office

When your request for a juvenile record sealing is complete, you can submit it to the juvenile probation department. Most counties require you to file the petition with the probation department and not directly with the court. The probation department will review your request and conduct a background check. They confirm that you meet all the eligibility requirements.

In some counties, the Record Seal Officer handles these requests. The officer will review your file and forward it to the court with a recommendation. If your county allows electronic filing, you can submit the petition by mail, in person, or online.

There is no filing fee for a juvenile record sealing petition. However, some counties can charge a small administrative fee. Before filing your petition, you should confirm the filing fee with the probation office. After you file, you keep a copy of your stamped petition and any receipt they provide you. The copy serves as proof that your request was submitted.

Wait for the Probation Department’s Review

After receiving your petition, the probation department will investigate your case. Your case investigation can take weeks or months. The period you have to wait varies depending on the county's workload. During the review, the probation department will:

  • Verify that you completed all court orders or probation terms.
  • Examine your record for any new arrests or convictions.
  • Contact agencies that hold records related to your case
  • Write a recommendation report for the court

If probation determines that you qualify, they will forward your petition and recommendation to the juvenile court for final review. If you do not qualify, they will send you a written notice explaining the reasons for your disqualification. The notice will tell you the errors you must rectify or whether you can reapply later.

Attend the Court Hearing

Often, the court grants the petition based on the probation department’s recommendation without a hearing. However, in some cases, the court will schedule a hearing to review the request. If the court schedules a hearing, you should attend it and remain composed. Also, you should bring your identification and proof showing you have completed probation.

At the hearing, the judge will review your file and may ask a few questions. The judge might want to confirm that you have taken responsibility, changed your behavior, or finished school or work programs. The judge will approve your request and sign an order to Seal Juvenile Records. The order instructs all agencies to either close or delete their copy of your record. If the court denies your request, the judge will explain why. You can correct the issue and reapply later.

Follow-Up After the Court Order

After the judge signs the order, your record is officially sealed. But you have to ensure that all of those agencies actually follow through. The court will mail copies of the sealing order to each agency with your records. These include:

  • The probation department
  • The police department is involved in your arrest.
  • The district attorney’s office
  • The juvenile court clerk
  • Any school or social service agency that received information about your case

Each agency must seal or destroy the records as directed by the court. The process of sealing the record can take several weeks. After a while, you can contact each agency to confirm the sealing of your records. You can also ask for written confirmation.

Your juvenile record will be hidden from public access when everything is complete. You can legally say you have no juvenile record in most situations. This phenomenon can happen when applying for a job, housing, or college.

Benefits of Sealing Your Juvenile Records

Sealing a juvenile record in California offers many essential benefits. They include:

  • Offers you a fresh start

A sealed juvenile record treats an offense as if it never happened. It gives you a legitimate second opportunity to live free from your past. It rebuilds your confidence and gives you a fresh start.

  • Better Job Opportunities

A juvenile record can appear on background checks. This could impact your employment opportunities. However, employers cannot see sealed juvenile records during background checks. This means a past mistake will not affect job applications or career growth. You can honestly say that you have no criminal record during job interviews.

  • Improved Access to Housing

Many landlords use background checks when renting out property. A sealed record will not appear in these checks. Sealing your juvenile record allows you to qualify for housing without discrimination based on a juvenile case.

  • Easier College Admission

Schools and universities ask about criminal history before admission. When your record is sealed, you can truthfully answer no when asked about your criminal history. It makes it easier to apply for college and scholarships.

  • Restored Privacy

Sealing a juvenile record means no sensitive information is accessible to the public. Record sealing causes police reports and court documents to be destroyed. A sealed record protects your good name and your dignity.

  • Peace of Mind

Sealing old mistakes brings emotional relief. It helps you live without fear of societal judgment.

Find a Seasoned Criminal Defense Attorney Near Me

Sealing a juvenile record protects your future from the impact of a juvenile case. Petitioning the court to seal your juvenile records involves determining your eligibility, gathering enough evidence, and submitting a petition. After receiving your petition, the court can schedule a hearing.

At this hearing, the judge will review the evidence. Also, they rely on recommendations from the probation department to decide on your case. If the court grants the petition, the judge will order all agencies with your record to destroy it. The procedure makes it inaccessible to individuals who perform a background check on you.

Sealing your juvenile record makes getting a job, enrolling in school, and getting housing easier. If you seek to seal your juvenile record in Los Angeles, CA, our expert legal guidance at the Law Office of Sara L. Caplan will go a long way for you. Contact us today at 310-550-5877 for much-needed assistance.