Overview Description

A record relating to any case where a minor was cited to appear before a probation officer; taken before a probation officer pursuant to section 626; or taken before any officer of a law enforcement agency, and no delinquency pleading was filed, can be sealed by the law enforcement agency and probation department that have jurisdiction over the offense upon request, concurrence of the district attorney, and determination that the minor is factually innocent. Cal. Welf. & Inst. Code § 781.5.

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The request should be made in writing to the law enforcement agency and probation department that have jurisdiction over the offense. If denied by such agency, a petition should be filed with the juvenile court in that jurisdiction. For specific the procedure, see Cal. Welf. & Inst. Code § 781.5.

Fees

There is no statutory language regarding fees.

Effect

Upon a determination that the minor is factually innocent, the records shall be sealed three years after the arrest or citation; and thereafter the records will be destroyed. Cal. Welf. & Inst. Code § 781.5.

Destruction of records of arrest or citation pursuant to this section shall be accomplished by permanent obliteration of all entries or notations upon those records pertaining to the arrest or citation, and the record shall be prepared again so that it appears that the arrest or citation never occurred. Cal. Welf. & Inst. Code § 781.5(j).

For specific effects, see Cal. Welf. & Inst. Code § 781.5.

Waiting Periods

The record can be sealed immediately following the determination by the law enforcement agency, probation officer, and district attorney that the person is factually innocent of the offense.

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