Overview Description

Records relating to a matter that is dismissed following satisfactory completion of probation for any offense or probation under section 725 shall be sealed immediately. Cal. Welf. & Inst. Code § 786(a).

Ineligible Category or Citation

The record will not be sealed if the offense is listed in subdivision (b) of section 707 and was committed when the person was 14 years of age or older, unless the finding was dismissed or reduced to a lesser offense that is not listed in subdivision (b) of section 707. Cal. Welf. & Inst. Code § 786(d).

Procedure General

There is no procedure. The sealing is automatic.

Fees

There is no statutory language regarding fees.

Effect

The court shall order the sealing of all records pertaining to the dismissed petition that are in the custody of the juvenile court, law enforcement agencies, the probation department, or the Department of Justice. Cal. Welf. & Inst. Code § 786(a).

The proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition can reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. Cal. Welf. & Inst. Code § 786(b).

The person whose record is sealed under this section can ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency that was not subject to the automatic sealing order. The court will grant the request and order the public agency record to be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the person. Cal. Welf. & Inst. Code § 786(e)(2).

For a list of circumstances in which a record that is sealed under this section may be accessed, inspected, or utilized, see Cal. Welf. & Inst. Code § 786(f).

Waiting Periods

The records should be sealed immediately following dismissal of the petition.

(non-prod server)