Sealing of Juvenile Records

Many people believe that their juvenile records automatically become sealed once they attain the age of 18. This is not true. Sections 389 and 781 of the California Welfare & Institutions Code govern the sealing of records from JUVENILE criminal cases. It does not apply to adult cases and is not part of an expungement. They cover not only the sealing of records from the court, but also from the law enforcement agencies involved in the prosecution.

In addition, sealing a record is different than destroying it. It is not immediately destroyed if it is ordered sealed. The law says that unless for good cause the court determines your record shall be retained, the court shall order destruction of your juvenile court record five years after it has been sealed. However, if you were alleged or adjudged a person described by Welfare & Institutions code section 602 (you were made a ward of the court), your sealed record shall be destroyed once you have reached the age of 38.

Your Rights

You have the right to petition the juvenile court and other agencies who hold your records, including law enforcement, after one of the following occurs:

1. You have attained the age of 18;
2. At least five years have passed since the jurisdiction of the juvenile court terminated;
3. At least five years have passed since you were cited to appear or were taken before a probation officer or any officer of a law enforcement agency where no petition was filed in the juvenile court.

Qualifications

The following will bar you from sealing your record:

1. You have been convicted of any felony or a misdemeanor involving “moral turpitude” since termination of juvenile jurisdiction. (Certain misdemeanor crimes are classified by law as moral turpitude crimes.);
2. You have been found by the juvenile court to have committed an offense listed in Welfare & Institutions Code section 707(b) at age 14 or older;
3. You have been convicted of an offense in a criminal court pursuant to the provisions of Welfare & Institutions Code section 707.1 (where you were declared to be not a fit and proper subject to be dealt with under juvenile court law).

Benefits

1. Once your record is sealed, you can say it never occurred.
2. If you were required to register as a sex offender pursuant to Penal Code section 290, once your record is sealed, you will no longer have to register.

IF YOUR RECORD WAS NOT ORDERED SEALED, Welfare & Institutions Code section 826 governs:

1. If you were alleged or adjudged to be a person described by Welfare & Institutions Code section 300 (a dependent child of the court), your record will be destroyed once you have reached the age of 28.
2. If you were alleged or adjudged to be a person described by Welfare & Institutions Code section 601, your record will be destroyed once you have reached the age of 21.
3. If you were alleged or adjudged to be a person described by Welfare & Institutions Code section 602, your record will be destroyed once you have reached the age of 38.
4. You have the right to request that your juvenile record be released to you rather than have it destroyed if:
   • you were alleged or adjudged to be a person described by Welfare & Institutions Code section 300 and 5 years have passed since the juvenile court terminated jurisdiction; of
   • you were alleged or adjudged to be a person described by Welfare & Institutions Code section 601 and you have reached the age of 21.

This information pertains to juvenile criminal law in California. Please talk to a local criminal defense lawyer for information on juvenile record expungement in other states.