Overview Description

A record relating to a case in which no petition was filed can be sealed any time after the person's 18th birthday or if at least five years have elapsed since the person was cited to appear before a probation officer, was taken before a probation officer pursuant to section 626, or was taken before any law enforcement agency. Cal. Welf. & Inst. Code § 781(a)(1)(A).

Ineligible Category or Citation

The person is ineligible for sealing under this section if he of she was subsequently convicted of a felony or of any misdemeanor involving moral turpitude. Cal. Welf. & Inst. Code § 781(a)(1)(A).

Procedure General

The petition must be filed with the court in the same jurisdiction as the law enforcement agency where the person was taken into custody. If the person is eligible for sealing, the court will also consider whether the person has been satisfactorily 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 probation officer or any other agencies, including law enforcement agencies, entities, and public officials who have custody of the related records. 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 person was cited to appear before a probation officer, was taken before a probation officer pursuant to section 626, or was taken before any law enforcement agency. Cal. Welf. & Inst. Code § 781(a)(1)(A).

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