Overview Description

Records relating to a petition dismissed by the court, whether on the motion of the prosecution or on the court's own motion, or if the petition is not sustained by the court after an adjudication hearing, shall be immediately sealed by the court. Cal. Welf. & Inst. Code § 786(e).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

The following records are eligible for sealing: all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Cal. Welf. & Inst. Code § 786(e). Once the court orders the person's records sealed, it must also specify a date by which the sealed records shall be destroyed. Cal. Welf. & Inst. Code § 786(e). Once the court orders the person's records sealed, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, education institutions, or other persons or entities regarding the arrest and proceedings in the case. Cal. Welf. & Inst. Code § 786(e), (b). A record sealed according to this subsection can be accessed, inspected, or utilized by a prosecuting attorney, probation department, juvenile court, or a court of criminal jurisdiction for certain specified purposes. Cal. Welf. & Inst. Code § 786(g).

Waiting Periods

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

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