Adolescence is a key phase of development, and sometimes minors make mistakes in their behavior that they wouldn’t normally make and for which they may receive a juvenile delinquency charge. Sadly, those childhood mistakes can follow you into adulthood and cause major setbacks when applying to college, seeking a job, or looking for housing.
In Southern California, juvenile records are available to the public without any legal action on your part. You may be subjected to discrimination based on your record. Sealing your juvenile record in California permanently closes your child’s files and the record they deserve to have sealed.
At Singh Law, we are committed to restoring the dignity of reformed individuals through an effective record-sealing petition. Our experienced defense attorneys offer guidance through the complex legal proceedings and provide comprehensive legal assistance. Speak with our lawyers for help with a fresh start, moving forward without the burden of past errors.
What Does It Mean to Seal a Juvenile Delinquency Record?
California WIC (WIC) 781(a)(1)(A) provides that all proceedings in a case are considered never to have been held after record sealing. Records are sealed to ensure that documents and entries from your juvenile delinquency case don’t exist in the eyes of the law. These files are kept completely off-limits to government agencies, probation departments, and law enforcement bureaus.
After the court issues the sealing order under WIC 781, background-check companies cannot access your information, and potential employers or landlords cannot view your charges. You can legally declare you have no criminal record for the sealed incident. If a state licensing board, educational institution, or prospective private employer requests a response to a question regarding arrest or adjudication, you can legally respond “no.”
The main goal of sealing is to protect you from the prejudice that comes with juvenile errors for life. The justice system offers a way to realistically rehabilitate by legally wiping away the paper trail. Sometimes, a closed juvenile record means you can grow into adulthood without the weight of a juvenile adjudication.
The statutory protection overrides any other background-check laws, including the federal Fair Credit Reporting Act (15 U.S.C. § 1681c) and the California Investigative Consumer Reporting Agencies Act (Civil Code § 1786.18), that would otherwise authorize a third-party background screening agency to disclose the sealed delinquency history.
Types of Juvenile Records That Can Be Sealed
One juvenile arrest generates several records in the municipal, county, and state databases. When the juvenile court receives your WIC 781(a) petition, the sealing requirement shall apply to all documents issued by law enforcement, probation, and the court. California Rules of Court, Rule 5.830, provide that the records subject to the scope of the records include:
Arrest Reports and Police Records
PC 11105 governs the creation of police files from a single arrest, which are kept by municipal police departments, county sheriff’s offices, and the California Department of Justice (DOJ). Police departments create arrest reports, booking photos, dispatch logs, and fingerprint information.
If you seal your juvenile record, the arresting agency locks the record away. The data is also removed from state and local occurrence records. The California DOJ is required to “seal” records of your arrest in its state summary criminal history repository. Law enforcement officers are not permitted to disclose booking photographs, arrest summaries, or identification logs to the public under WIC 781(a).
Court Rulings and Judgments
Each juvenile court appearance will result in a permanent record being added, generated, and maintained under WIC 827. This covers the first petitions for delinquency, pretrial motions, minute book motions, and the final adjudication findings. Anyone can see the judge’s decisions, whether they granted or dismissed the charges.
Under WIC 781(a)(1)(A), the court seals its minute books, dockets, and orders so the public cannot read the outcome of your case.
Probation Department Reports
Probation is often used as a rehabilitative measure in juvenile court. Probation officers have extensive records of intake evaluations, social studies, certificates of mandatory completion, and periodic progress reports on probationers. These documents may include highly private information about your family dynamics, psychological evaluations, and behavioral history.
California Rules of Court, Rule 5.830(a)(4), mandates that a sealing order seal the county probation department’s master index, probation chronologies, drug screen records, and diagnostic clinical reports, and prevent their unauthorized dissemination.
Court Exhibits and Evidence
At an adjudication hearing, prosecutors present physical and electronic evidence to back their case. Photographs of the crime scene, seized property, audio recordings, or video footage may be admitted as court exhibits.
In addition, the case file contains forensic reports and chain-of-custody logs. This evidence can be kept in court well beyond trial. The sealing instruction is limited only to physical exhibits, digital recordings, and evidentiary (written) documents that are in the custody of the court clerk (WIC 781(a)).
Eligibility Criteria for Sealing a Record-Sealing Petition (WIC 781)
The strict eligibility requirements outlined in WIC 781 must be met to file a petition. Your petition is denied until you present a strong case that you have met all the legal requirements and you are abiding by the law.
These requirements include:
Age and Time Requirements
You are eligible to file a petition when you turn 18 or 5 years after the juvenile court jurisdiction in your case ends. You can file a petition when you are 18 or when the juvenile court jurisdiction in your case officially ends after 5 years. The court will monitor your actions during this waiting period. If you were given a court order after the age of 18, the five-year rule determines those who are eligible to file the petition. Determining this exact amount of time would require a thorough review of your date of last disposition and the actual end of your probation.
Evidence of Rehabilitation
WIC 781(a)(1)(A) requires the court to make an affirmative finding of fact that “rehabilitation has been attained to the satisfaction of the court. You will be required to prove that you have lived a productive, law-abiding life since your case ended. You may include proof of regular work, schooling, training, or regular community service to meet the judge’s requirement.
Teacher, employer, or community letters of recommendation are a major asset to your petition. Submitting official transcripts, proof of steady employment, and a personal statement detailing your personal growth will definitely help you to secure a favorable ruling.
No Crimes Involving Moral Turpitude
Your behavior as an adult has a direct effect on whether you can “seal” your juvenile record. If you have been convicted as an adult for any felony or any misdemeanor offense that involves moral turpitude, then the court will deny your petition pursuant to WIC 781(a)(1)(A). Moral turpitude is conduct that is dishonest, fraudulent, or shocking. The court will review your adult record to ensure you are not a continuing threat to public safety. The following are illustrations of crimes of moral turpitude:
- Murder or attempted murder (PC 187)
- Rape or sexual assault (PC 261)
- Child abuse or endangerment pursuant to PC 273(d) or PC 273a
- Robbery or Burglary under PC 211 or PC 459
- Forgery or perjury under PC 470 or PC 118
No Pending Civil Litigation
WIC 781(a)(1)(A) bars the court from granting a sealing petition if there is any unresolved civil litigation that is directly related to the underlying delinquent acts. Prosecution of criminal cases and civil proceedings have different timeframes. If your actions resulted in any property damage or personal injury, the injured party may seek monetary damages in a civil case.
For the court to consider your record sealing petition, you must have no civil litigation pending and have satisfied any judgments in full. Also, you are required to follow any direct victim restitution orders required by WIC 730.6. However, under current California law, an unpaid restitution balance cannot be the sole reason a judge denies your sealing petition.
Offenses that Cannot Be Sealed (WIC 707(b))
Under WIC 781, offenses that require sex offender registration under PC 290.008 cannot be sealed. Separately, if you committed an offense listed under Section 707(b) at age 14 or older, your sealing eligibility faces strict conditional restrictions. Section 707(b) offenses include:
- Murder or attempted murder (PC 187 / 664)
- Arson resulting in serious bodily injury or to an inhabited structure (PC 451(a), (b))
- Robbery (PC 211)
- Armed or with great bodily injury carjacking (PC 215)
- Kidnapping for ransom or extortion or with bodily harm (PC 209)
- Forcible rape (PC 261(a)(2)), forcible sodomy (PC 286(c)), or forcible oral copulation (PC 287(c)(2))
- Assault with a firearm or machine gun (PC 245(a)(2), (a)(3))
- Torture (PC 206) or Aggravated Mayhem (PC 205)
Automatic Sealing of Juvenile Records (WIC 786)
California WIC 786, which was enacted to remove administrative obstacles to rehabilitation, provides that the juvenile court shall dismiss the delinquency petition and seal the records of a juvenile’s case upon the successful completion of supervision without a petition under WIC 781.
Satisfactory Completion of Probation
If you complete an informal supervision program pursuant to WIC 654(a), are placed on probation under Section 725, or are placed on formal wardship probation for an eligible offense, the court shall dismiss the petition and seal all records pursuant to WIC 786(a). The term “satisfactory completion” is legally defined as having no new wardship findings or convictions for a felony or a misdemeanor of moral turpitude and substantial compliance with all reasonable court orders within the minor’s ability to comply. WIC 786(c)(1). The court clerk then sends a copy of the official sealing order to your last address for your records.
Pre-Petition Diversion Programs
WIC 786.5 and 654 state that if a minor completes an informal diversion or probation program (not initiated through a petition in court) by a law enforcement agency or probation department, the agency shall seal its records. The department then notifies the arresting agency and program administrators to limit access to their records. If the supervising agency does not seal the record within 90 days after program completion, you can file a petition with the juvenile court to require the agency to seal the record immediately (WIC 786.5(b)).
Deferred Entry of Judgment (DEJ)
The Deferred Entry of Judgment (DEJ) program is a WIC 790-795 initiative that permits eligible first-time felony offenders to avoid formal entry of judgment. With a DEJ, you plead guilty to the charges, but the court defers judgment for a period of one to three years during which you undergo a very strict probationary period. If you successfully meet the requirements of the DEJ, then the court shall dismiss the charges against you and shall immediately seal the juvenile records pursuant to 786 in accordance with 793(c) of the WIC.
Sealing Juvenile Records Without a Conviction (PC 851.7)
Not all youth who enter the juvenile justice system are adjudicated delinquent. PC 851.7 allows anyone who was arrested as a minor for a misdemeanor or felony to ask the court to seal and destroy their arrest record if they were not convicted of the offense. Even if you were never charged in court, a single arrest creates a paper trail that can raise red flags in a background check.
Under PC 851.7(a), you qualify for relief if:
- As a juvenile, you were arrested for misdemeanor or felony offenses and discharged because of a lack of evidence pursuant to PC 849(b)
- A sustained petition was not filed, and the juvenile court proceedings against you were dismissed
After a juvenile adjudication hearing, you were officially found not guilty of all charges.
There is no age requirement for PC 851.7, nor is there any requirement to wait 5 years after the end of court jurisdiction, as with WIC 781. The petition to seal the record of the juvenile arrest can be filed immediately after the dismissal or acquittal.
Using PC 851.7, you can rapidly remove the unnecessary burden of an arrest, which means that the unconfirmed claims will not impact your educational and employment opportunities.
The Step-by-Step Legal Process for Sealing Your Records
California Rules of Court, Rule 5.830, govern the sealing of juvenile records pursuant to WIC 781. This process demands careful preparation, adherence to deadlines, and effective advocacy in court to secure a favorable result. The following are the basic steps:
Filing the Petition (Form JV-595)
The process starts with filing a Judicial Council Form JV-595 (Request to Seal Juvenile Records) with the county probation department in the jurisdiction where wardship was terminated, pursuant to California Rules of Court, Rule 5.830(a)(3).
The petition should be a true and accurate statement of your personal information, case numbers, and contact addresses for all agencies that have your records. If no specific police department or agency is listed, their copy of the record cannot be sealed.
The probation department must report to the prosecuting attorney in writing within the time frame prescribed in Rule 5.830(a)(4)(D).
The Probation Department Investigation
A petition is filed, and the county probation department conducts a comprehensive background check. The probation officer checks your criminal history to make sure you are eligible and that you paid any restitution the court ordered.
If the records are located in a single county, the probation officer shall complete the investigation, file a petition with the court, and provide a written recommendation report within 90 days of the investigation. If the records are located in more than one county, the probation officer shall complete the investigation and file a petition with the court and issue a written recommendation report within 180 days of the investigation, in accordance with California Rules of Court, Rule 5.830(a)(4)(D).
Attending the Court Hearing
Once the juvenile court receives the probation report, it schedules a formal hearing at which the petitioner, the district attorney, and the probation department may present evidence, as required by WIC 781(a)(1)(A). The judge reviews your rehab evidence at the hearing. If the district attorney and/or probation officer feel you are a risk to public safety, they can raise objections.
Your attorney will provide character references, work, and other favorable information to rebut any objections by the State. Be respectful and remain calm in court so that the judge sees that you are a mature and reliable adult.
The Judge’s Final Veredict
Under California Rules of Court, Rule 5.830(b), the court shall sign Judicial Council Form JV-590 (Order to Seal Juvenile Records) upon granting the petition. The court clerk sends a copy to each agency, law enforcement department, and public entity listed in the petition. These agencies need to limit access to your files immediately.
When the judge rejects the petition, the records are still available to the public. A denial is not a final rejection, however. You can file a new petition by addressing the court’s concerns and providing additional evidence of your rehabilitation.
When Can Sealed Juvenile Records Be Reopened?
After a juvenile court seals the records, they are no longer visible to the public, private employers, or landlords. But there are a few narrow exceptions that allow certain government or legal entities to temporarily reopen and access sealed records.
These circumstances include:
Defamation Lawsuits
If you are a party to a civil defamation action, then under WIC 781(b), the court has the authority to unseal and admit your juvenile records as evidence. If you file a lawsuit against someone who falsely alleges you’ve committed a particular crime, for example, the defendant could obtain the sealed file to establish that the statement is accurate. The records are admissible evidence in the civil trial. When the defamation case is over, the court seals up the documents, and your privacy protections are restored.
Department of Motor Vehicles (DMV) Scrutiny
The Department of Motor Vehicles (DMV) has the statutory authority to provide automobile insurance companies with driving violations on a sealed juvenile record under WIC 781(c) and CVC 1808. The DMV can access your driving record to determine your rates or decide whether or not to cover your car insurance. The insurance company can use this information to adjust your insurance premiums or refuse to insure you if a juvenile DUI is on your sealed record for CVC 23152 or 23140.
Prosecutor Access to Exculpatory Evidence
California WIC 786(f) and Assembly Bill 2952 allow a prosecuting attorney to petition the juvenile court for access to sealed records to satisfy constitutional disclosure requirements under Brady v. Maryland (1963). In an active criminal case, if the prosecutor shows a reasonable belief that the sealed file contains exculpatory evidence that is favorable to a defendant, then the court may allow restricted inspection of the file.
There are other narrow statutory exceptions for inspection, such as:
Federal background investigations for enlistment in the service or national security clearance.
Under PC 29820, the California Department of Justice (DOJ) performs background checks on prospective gun buyers to determine their eligibility to purchase a firearm.
Child welfare agency evaluations for foster care placement and relative home suitability under WIC 300.
The right of a sentencing court to review your case to decide on sentencing options under California Rules of Court, Rule 4.411.5, if you are convicted of an adult felony.
Will Sealed Juvenile Records Be Destroyed?
Sealing a record is the first step required for mandatory physical and electronic destruction under WIC 781(d). California law requires a separate schedule for the destruction of sealed documents. When you are declared a ward of the court under WIC 601 (habitual truancy or status offense), the court shall order the destruction of all records that have been sealed five years after the sealing order is issued, unless the court determines for good cause that they should be retained.
If the juvenile court finds that you are a ward under WIC 602 (for delinquent or criminal acts), then WIC 781(d) provides for the permanent destruction of your sealed records at age 38. When agencies destroy these hard copies and delete your records from their databases, your case is closed.
Benefits of Sealing a Juvenile Delinquency Record
Immediate life-changing benefits come from obtaining a court order to seal your juvenile record. California Labor Code 432.7 expressly bans employers from asking an applicant for a sealed juvenile arrest or detention record or requiring an applicant to provide information about a sealed juvenile arrest or detention. It expressly prohibits employers from relying on a sealed record in hiring, promotion, or termination decisions.
A sealed record can reduce obstacles to safe and affordable housing, because landlords will view a clean background report. It also simplifies the college admission process and helps protect your eligibility for state and federal student financial aid.
Additionally, having a clean record helps secure professional licenses in industries such as healthcare, real estate, and finance that have strict licensing requirements. WIC 781(a)(1)(C) provides that if a juvenile record is sealed, then any obligation to register as a juvenile sex offender under PC 290 is automatically and permanently lifted. Sealing your record provides psychological relief for your past errors.
Locate a Juvenile Defense Attorney Near Me
Sealing juvenile records ensures complete privacy and a better future for you. A sealed record removes past wrongdoings from public view and enables you to obtain employment, housing, and educational loans without being discriminated against. However, the process of probation investigations, court petitions, and eligibility hearings remains extremely complicated. There is a limited window to avoid a background check ruining a life-changing opportunity.
At Singh Law, we aggressively defend clients throughout Southern California, thanks to our experienced criminal and juvenile defense attorneys. We provide free consultations to assess your case and inform you through this crucial process. Call us today at 714-328-6189 for a totally fresh legal record.
