If you have a juvenile delinquency history, the record will harm your adult life. It could make it difficult for you to make life advancements. Also, the delinquency record will lead to discrimination in routine interactions. So, you must consider sealing juvenile records, meaning expunging them or making them non-existent. Sealing your records offers several benefits because they cease to exist for the public.

While sealing juvenile delinquency records seems straightforward, the process can be difficult to navigate without the help of an experienced lawyer. Partnering with a juvenile delinquency lawyer ensures you meet all the requirements for record sealing, increasing the possibility of a favorable outcome. At the California Criminal Lawyer Group in Fresno, we can assist you in applying for record sealing and obtaining a clean slate.

Juvenile Records Components

Your juvenile records constitute various documents, depending on your delinquency’s circumstances and court processes. So, it is critical first to identify the documents you plan to seal so that when you file a petition and the court grants it, you can be aware of the records you expect the court to close.

Juvenile records are all materials regarding your apprehension and the petition filed against you for a delinquent act you perpetrated as a minor. Your lawyer must confirm all the documents relating to the sustained petition before petitioning the court for record sealing. The components, or constituents, of juvenile records are:

The Probation Report

The primary objective of the juvenile justice system is to rehabilitate and not punish minors for delinquent conduct. Therefore, the court sentences most accused to probation to rehabilitate. The court appoints a probation officer who monitors you and prepares progress reports. These reports contain all the details of the program throughout the probationary duration. They state whether you completed the program and adhered to the probationary terms. When your lawyer is petitioning for record sealing, you want these reports to be among the documents to be sealed.

Court Adjudication

You want to ensure that your lawyer includes all the preliminary judgments the court made during the case. These will help show all the processes your juvenile case underwent before the sustained petition. A profound lawyer will research the existing records and corroborate that these court rulings are present before submitting the petition.

Also, the final verdict by the judge is a critical component of the records you want to seal. After a sustained petition, the judge can impose various sentences, including declaring you a court ward. However, if their decision is in your favor, they will dismiss the petition against you.

Whether or not the court sustains your petitions, all these documents are constituents of your delinquency records, and you should work hard to seal them to prevent the disabilities associated with juvenile delinquency history.

Juvenile Court Exhibits

All exhibits the prosecutor utilizes in your trial must also appear in the petition for record sealing. For instance, if your delinquent act involves using a crude or lethal weapon, the weapon will be used as an exhibit by the prosecutor. Other exhibits the prosecutor uses include audio or video footage of the crime or pictures of the scene. You should ensure these court exhibits are among the records you want to seal.

Legal Definition of Juvenile Records Sealing

Juvenile courts aim to acclimatize or rehabilitate delinquents and help them avoid crime in their adult lives. Before 2015, whenever you engaged in delinquent behavior as a juvenile, your file would be accessible to the general public even after you rehabilitated and completed your rehabilitation program. After 2015, you can now apply to close your records under the Welfare and Institutions Code (WIC) 781. When the court grants your petition, they close your file, and the records become non-existent. They cease to exist in the public domain, protecting you from additional stigmatization.

Once you close your juvenile files, you can say no whenever someone asks if you have ever been apprehended, have a juvenile delinquency history, or have previously sealed your records.

Technically, juvenile court records are not criminal. Therefore, even when the court sustains the petition against you for delinquency and fails to seal the documents, you can say you have never been convicted when a person poses the question. However, even if you are not obligated to disclose juvenile convictions, it can appear that you are deceitful to the person asking the question.

When it is a prospective employer, school, or money lender, you will be denied the opportunity you were seeking even if they cannot take any legal action against you for saying you do not have a criminal record when it is not true. Therefore, it is always best to seal these records to conceal them from the public.

The Automatic Sealing of California Juvenile Records

Contrary to a common misconception, juvenile accounts are not routinely sealed when you turn eighteen. You must petition the court under WIC 781 to find a court order closing the records. After completing probation after 2015 for crimes not prescribed under WIC 807(b), the court automatically closes the files.

Nevertheless, if you violated probationary terms or did not satisfactorily complete the program, you must petition the court for record sealing, as they will not automatically seal them. Therefore, when the court sentences your child to probation after a sustained petition, it is critical to ensure they adhere to the probationary terms to have the court inevitably or automatically seal their juvenile records and dismiss the case.

Even after you have closed your juvenile delinquency file and it becomes non-existent, some government agencies will still have access to the records under particular circumstances, like:

  • When a DA wants to establish your eligibility for deferred entry of judgment (DEJ) or probation without formal supervision.
  • When you want to enjoy lengthy foster probation benefits.
  • Charges for a subsequent felony crime. Even if the court refers to your juvenile history, it will not use them for sentence enhancement. It only checks your record to see the rehabilitation programs you have undergone to decide which suits you best based on the circumstances.
  • If you have a criminal history of a felony crime, the judge can refer to your sealed juvenile record to decide on the punishment for the existing crime.
  • When your record is sealed, but you are charged with a subsequent crime, the DA can request a transfer hearing for the case to be heard in the adult criminal court.
  • When the juvenile judge places you in foster care, the child welfare department will refer to the sealed records to find the most suitable placement and the services you require for rehabilitation.
  • If your delinquency led to a ban on owning or purchasing a firearm, the justice department will check the sealed records to prevent you from purchasing or controlling a firearm.
  • When the prosecutor is convinced the sealed records can help bring criminal counts against another accused person, they can appeal information on the sealed documents. However, before the court shares the details with the prosecutor, they must ask your legal representative for permission. If you are against sharing the details, the law court cannot divulge the sealed details.

Even though the sealed files can be accessed under these circumstances, your juvenile files are still nonexistent to the general public. The closed details are only accessible under unique circumstances.

It is worth understanding that you are eligible for automatic record sealing when you complete the DEJ program satisfactorily. You qualify for juvenile delinquency record sealing when you satisfy all probation conditions. When you complete the program as required, the court routinely closes your juvenile file and dismisses the petition against you for a delinquent act.

Nevertheless, the law court cannot automatically seal the records if you do not satisfy all probation requirements. However, with the assistance of the California Criminal Lawyer Group in Fresno, you can file a court petition requesting the closure of the record. For the court to grant your request, your lawyer must be persuasive and persuade the court that you deserve a chance to start afresh by sealing your records. If you convince the court, they will approve the petition. Conversely, when the DA is against the record sealing, and they successfully convince the court to deny the motion, your juvenile delinquency file will remain open. However, you can file another petition later.

Pre-petition Diversion Program

After January 2018, WIC 654 made it possible to automatically seal juvenile records when the presiding judge places you, the delinquent, in a diversion program. The court puts the juveniles in the program rather than presenting them for hearings in court. Even when the court places you under a diversion plan, you must satisfactorily complete it to be eligible for an automatic record sealing.

In the automatic record closure, the court notifies your supervisor and directs them to close your juvenile delinquency file. Your probation officer must also seal the reports regarding your performance, and if they fail to do so, they should notify you in writing of the reasons not to close the records. When the PO opposes the record sealing because you could not fully comply with probation conditions, you can appeal the verdict. If your appeal is successful and you persuade the judge that you satisfactorily complied with probationary terms, the probation office will be instructed to close your file.

Reopening of Sealed Juvenile Files

Once the court approves your juvenile record sealing petition, it becomes non-existent. However, even if you close these files, they can be revived under special circumstances.

Firstly, sealed juvenile files can be reopened and utilized in a court proceeding in a defamation suit. Accessing the file offers admissible evidence to help discredit the defamatory statement. For example, when the party discrediting you is falsely accusing you of being a sex offender, the sealed juvenile records can help show otherwise. Nevertheless, the judge automatically closes the records once the lawsuit concludes.

Similarly, the Department of Motor Vehicles (DMV) can allow your insurance policy provider to run background checks on your driving history to establish whether you are eligible for car insurance. The sealed records help the insurer with risk assessment when applying for insurance. It is the only situation under which the DMV can release your closed records.

Lastly, the DA can reopen sealed juvenile files when they need to locate or divulge exculpatory proof or details in an ongoing case.

Destroying Closed Juvenile Files

Sealing juvenile files and doing away with them are different. Typically, most sealed records are not destroyed, although sometimes the documents are not destroyed. Therefore, the judge can instruct that the closed records be retained or destroyed.

The destruction of juvenile files does not take place immediately. The court only directs the obliteration of the records 60 months after the record sealing if the presiding judge declares you a court ward or habitual truant after a sustained petition. A court ward in the juvenile court is the same as a conviction. However, the conduct leading to the court’s declaration does not necessarily need to be criminal or cause significant harm. If this is your situation, you can destroy the closed records within five years, unlike other juveniles with sustained petitions for felonies.

The other instance when the judge closes your documents is when you turn 38 after the court makes you a court ward for engaging in criminal conduct. Usually, minors who participate in criminal conduct are a threat to the public. Therefore, the law allows the public to access these juvenile records for an extended period despite the closure of the files.

Benefits of WIC 781 Juvenile Delinquency Records Sealing

Juvenile delinquency records can harm many aspects of your life and lead to missed opportunities. Closing the records offers several advantages, including:

  • You can comfortably say “no” without lying if you have a criminal past. This is particularly useful when applying for a job, promotion, loan, college admission, or professional license.
  • Potential employers and property managers will not discriminate based on your delinquency history. The records will be inaccessible to these persons; hence, they cannot use them to deny you opportunities.
  • You do not have to enlist as a sexual offender if the delinquent act leading to the record was for a sex crime requiring you to enroll as a sexual predator.
  • Your childhood mistakes will no longer haunt you in adult life, giving you a clean slate.

Eligibility for Juvenile Delinquency Record Sealing

Before petitioning the court for record sealing, consult your lawyer to determine your eligibility. You will lose time and money by filing an invalid WIC 781 petition. You are eligible for a WIC 781 petition if:

  • You are currently at least 18 years old, and the court’s authority over you concluded 60 months ago.
  • As an adult, you have not been convicted of a moral depravity crime, whether felony or misdemeanor, including theft offense, fraud offense, and sex offense.
  • The presiding judge is convinced that you are rehabilitated.
  • You do not have an existing civil lawsuit stemming from your juvenile delinquency history.

Parties Unqualified for Juvenile Delinquency Records Sealing

Several restrictions prohibit persons convicted of certain crimes from closing their juvenile files. If the crime leading to the juvenile record is prescribed under WIC 707(b), you cannot petition for record sealing. The crimes that prohibit you from closing your juvenile file are:

  • Sex crimes.
  • Robbery.
  • Carjacking.
  • Violent felonies.
  • Murder.
  • Attempted homicide.
  • Arson.

Also, you must have been 14 or older when committing any of these crimes for the restrictions to take effect.

Juvenile Delinquency Sealing in the Absence of a Sustained Petition

Another category eligible for juvenile delinquency record sealing is under PC 851.7. Per the statute, you qualify for sealing your delinquency history if, as a child, you were apprehended for a misdemeanor offense and:

  • The court discharged you because of insufficient evidence.
  • The case was dismissed, and the court did not sustain the petition.
  • The court acquitted you of the formal allegations against you.

You can petition to close your juvenile files if these facts are true. There is no restriction on when you are to file the petition, and you do not have to wait to turn 18. You have 60 months to pass after the end of the court’s jurisdiction. This form of record sealing is the same as criminal history expunction in the adult criminal court system.

Juvenile Delinquency Record Sealing Procedure

Sealing juvenile files under WIC 781 takes eight to ten months. The petition happens in the jurisdiction where the delinquency proceeding occurred. You do not have to attend the proceedings because your lawyer can appear for you. You must only be in court if the judge wants to meet you.

At the California Criminal Lawyer Group in Fresno, we understand that learning the procedure for record sealing can provide you with the requisite information if you plan to close your juvenile files. Therefore, we have explained the process below to help you understand the technicalities.

  1. Petition Filing

The first step towards closing your juvenile file to make it non-existent is filing the petition. It would be best to let your lawyer prepare the petition because this is the backbone of your case, and you cannot afford mistakes. An experienced lawyer will include all the information the court needs for your request.

Also, the petition states the reasons you need the records closed and arguments to back up your assertions. When your details are precise and organized, the judge can find all the necessary information, leading to a quick verdict in your favor.

  1. Court Interview

Once the court receives your petition, it evaluates it and sets up an interview. Typically, your lawyer will represent you in the proceeding. In the interview, the presiding judge will ask questions regarding your petition to determine if you comprehend why you need to close the records.

Even though a lawyer can appear for you, consider attending the interview because the judge relies on it to create a perception of you. So, when you appear in person, build an excellent first impression to convince the judge you deserve a clean slate from your childhood mistakes.

Again, in the interview, the court will ask if urgent issues should prompt the court to hold the hearing early. The judge will review the challenges presented and decide if they are sufficient to influence the hearing date.

  1. Obtaining The Court Hearing Date

After the judge decides the appropriate date for the hearing, they will communicate with all the relevant parties, including you and your lawyer. The court can change the dates if you have an emergency. However, you must inform your legal representative to notify the court promptly. If the dates are adjusted, the court will set another date when you are available.

  1. The Petition Proceeding

In the proceeding, you will argue and present evidence supporting the petition. And because the hearing only happens if the prosecutor opposes the record sealing, the DA can present their arguments against the request.

The prosecutor will argue that the offense you committed as a child was serious and that your record should remain open for future reference. You need solid proof to counter the prosecutor’s case, so you and your lawyer must gather facts before proceeding. Make sure you furnish the court with the following as evidence to support your petition:

  • Probation reports show you complied with court conditions and finished the plan.
  • Certificates of completion from rehabilitation centers.
  • The original court files show the judge’s ruling on your case and that you were never convicted.

Once the judge evaluates the evidence from the opposing parties, they will issue a verdict granting or denying the application.

Find an Experienced Juvenile Delinquency Lawyer Near Me

Sealing juvenile delinquency records offers several benefits, including a clean slate in many aspects of life. Therefore, you must ensure you have the best lawyer representing you in the petition to increase the chances of it being granted on the first application. At the California Criminal Lawyer Group in Fresno, we can guide you to seal your childhood mistakes and allow you to advance your life. Call us today at 559-712-8377 to schedule a meeting.