Sealing A Juvenile Record In California

AUTOMATIC SEALINGS VS A SEALING YOU MUST REQUEST

Will your record seal automatically or do you need to request a sealing?

Some juvenile records are sealed automatically. Your case would have been automatically sealed if it meets these requirements:

The case was a non-serious offense under WIC 707(b) (go here to read a list of disqualifying offenses)
You successfully completed probation
The case was dismissed in juvenile court post January 1st of 2015

How can I get my record sealed if it was not automatic?

If your case did not qualify for an automatic sealing, you will need request a sealing of your record from the court, and this is best done with the help of an attorney who understands the process.

To qualify for a sealing you must meet the following requirements under WIC 781 :

Either:
- you are 18 or older (for a serious offense under WIC 707(b) you may need to be 21 years of age);
- OR, the jurisdiction of the juvenile court has expired (usually 5 years)
Either:
- Your offense was not a sex offense under WIC 707(b) that was committed at 14 years or older;
- OR if it was, you have completed probation, and have been released by the Department of Corrections if you were committed. Please note, if you were committed to the DOC, the will need to be 21 years or older.
You have not been convicted of a crime of moral turpitude (these are usually crimes of violence or dishonesty)

We know these requirements are confusing, if you need help determining whether you would qualify for a sealing, contact us for a free consultation, and we can help you sort this out.

What will the court consider in deciding whether to seal my record?

In requesting a sealing of your record the court will look to whether you have been rehabilitated. Therefore, the fact that you completed any probation and requirements of the court, and have stayed out of trouble since the offense will be helpful in your request for a sealing. The DA can choose to oppose the sealing of your record, which would require argument to be made on your behalf by your attorney.

WHAT IS THE EFFECT OF A SEALING?

Will my records by destroyed?

If your request for sealing is approved, the court will inform and direct all involved agencies and officials to seal or destroy the records attached to your case; that includes court records, law enforcement records, and probation records. Those required to seal or destroy the records must inform the court of their compliance with doing so. After this is done, the sealed record will no longer be public record. The effect of a sealing also means that legally if asked: “have you ever been arrested?” or “have you ever been charged with or convicted of a crime?” you can legally answer “no”.

This can help people who are:

applying for a job or promotion
applying for housing
want to meet the DMV’s licensing requirements
applying for a school, education program, or professional license

Will anyone still be able to see my juvenile record?

The sealing should remove the record from showing up on most background checks. However, some government agencies will still be able to access your juvenile records even once sealed. Those include:

the Court
the District Attorney’s office
the DMV
the Department of Justice (particularly when applying to purchase a firearm)

Does the sealing automatically make me eligible to purchase firearms?

Prohibitions on firearms do not automatically reinstate, if you are looking to reinstate your right to possess a firearm and have prior convictions, contact us and we can tell you what options are available to you based on your background and goals.

Does the sealing automatically terminate my registration requirement?

If you were required to register under PC 290 as a juvenile, and the only thing that requires you to register was the juvenile conviction that is now sealed, then that sealing can have the effect of terminating the requirement to register. Be sure that this applies to your situation and that the order to seal was received by the department where you register before you stop registering to avoid any issues.