Overview Description

Records relating to a delinquency petition filed with juvenile court can be sealed any time after the person's 18th birthday or after five years or more have elapsed since the jurisdiction of the juvenile court regarding the person was terminated. Cal. Welf. & Inst. Code § 781(a)(1)(A).

Ineligible Category or Citation

The person is ineligible to have his or her record sealed under this section if, since the termination of jurisdiction in the matter, the he or she was convicted of a felony or of any misdemeanor involving moral turpitude. Cal. Welf. & Inst. Code § 781(a)(1)(A). The following types of offenses or records are not eligible for sealing under this section: (a) certain serious offenses, if committed when the person was 14 years old or older, as listed in §707(b); (b) offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of such conviction would be a public record; and (c) juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to section 707.1. Cal. Welf. & Inst. Code § 781(a)(1)(D), (c), (f).

Procedure General

The petition must be filed with the court where the delinquency petition was filed. If the person is eligible for sealing, the court will also consider whether the person has satisfactorily been rehabilitated. For the specific procedure, see Cal. Welf. & Inst. Code § 781(a).

Fees

There is no statutory language regarding fees.

Effect

The following records are eligible for sealing: records relating to the person's case that are in the custody of the juvenile court, probation officer, or any other agencies, including law enforcement agencies, entities, and public officials who have custody of the records named in the petition. Cal. Welf. & Inst. Code § 781(a)(1)(A).

Once the court has ordered the person's records sealed, the proceedings in the case shall be deemed never to have occurred, and the person can reply accordingly to any inquiry about the events related to the sealed records. Cal. Welf. & Inst. Code § 781(a)(1)(A).

Forms

Waiting Periods

The petition can be filed after the person's 18th birthday or after five years have elapsed since the jurisdiction of the juvenile court regarding the person was terminated. Cal. Welf. & Inst. Code § 781(a)(1)(A).

 

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