If you had previously been convicted under the juvenile justice system, it could be hard for you to get a job, go to college, rent an apartment, or even get a driver’s license. This is because public agencies, schools, or police could have a record of what you did when you were below 18 years. Having your juvenile record sealed could make things easier for you. Some courts seal these records automatically once you turn 18 years, but other courts require you to file a petition requesting to seal your juvenile records.

Once your records are sealed, the case does not exist anymore. You are allowed to say or feel that you have not been convicted for any criminal act before if questioned about your criminal history. However, when getting a federal security clearance or joining the military, you have to mention your conviction under the juvenile justice system. Below is a detailed guide on having your juvenile records sealed in Los Angeles.

What Does Sealing Juvenile Records Mean?

Once a minor is taken to court for any offense, they will obtain a juvenile record. to show that they had a formal interaction with the court proceedings. A juvenile record is more of an official document that shows your crucial activities. Note that even if the judge dismissed your case due to various factors, these records would still exist to show the hearings and arraignments you went through as a juvenile.

All official documents documented since your arrest make up the juvenile records. Some of these reports include the police report documented by the authorities after arresting you for engaging in illegal activity, plus the court records documented during your court appearances.

Who is Eligible to Seal Their Juvenile Records?

For you to qualify to seal your records, you MUST NOT have committed an offense listed in section 707(b) under Welfare and Institutions Code. In addition, you must meet the following qualifications:

  • Be at least 18 years old, or
  • Be at least five years since:
  1. The closure of your case
  2. Your last contact with the probation
  3. A judge sent you to a rehabilitation facility

Who is Not Eligible to Seal Their Juvenile Records?

The court cannot seal records of those:

  • Whose records belong to an adult conviction in criminal court
  • Found to have committed severe sex offenses listed in section 707 (b) when they were above 14 years and underwent sex offender registration
  • Convicted as adults for crimes involving “moral turpitude” like murder or sex crimes.

Requesting the Court to Seal Your Juvenile Records

If the court did not automatically seal your records, you would need to request it to seal them. If the dismissal of your case happened before 1st January 2015, the chances of doing this are very high. To have your records sealed, you will need to contact the probation department, and they will help you file a petition. If your records are in multiple counties, reach out to the county that has the most recent records.

How to Seal Juvenile Records

Once you determine that you are eligible to seal your records, you and your criminal lawyer need to start preparing for the process. Depending on the court’s requirements, the process may take up to ten months. Below is a guide on the entire process:

  1. Filing a Petition in Juvenile Court to Seal Your Record

You need to file a petition stating 0the specific juvenile records you want to be sealed. Having a criminal attorney by your side will make this an easier process for you. Note that your attorney can prepare the petition on your behalf and forward it to the court. The judge may allow your attorney to present the petition in your absence and all you have to do is check the updates made by your lawyer. However, there are times that the judge may require you to take an oral interview to determine if you meet the requirements to have your records sealed, meaning you have to make a court appearance in person.

  1. The Hearing Date

After your petition is accepted, the presiding officer will set a hearing date. After receiving the date, you and your attorney should start preparing evidence and relevant information to present in court. The judge will allow you to present all the evidence to prove that you are eligible for record sealing at the hearing. The judge will then review the evidence provided by your lawyer to see if there is any character improvement since serving your sentence.

The District Attorney or prosecutor in control of the juvenile trials will also be present at the hearing to present any concerns about your record sealing and affirm your juvenile records. For instance, the District Attorney may mention some of the aggravating factors in your previous charges to disregard your application. But you and your attorney can argue the claims and show that you have changed and become a better person.

  1. Receiving the Final Verdict

After listening to all parties present at the hearing and going through all the evidence, the judge will issue a final verdict. Based on all the evidence provided, the judge will determine whether or not your records will be sealed. If you are allowed by the judge to seal your records, they will order the agency with your records to seal and seize them. If the judge fails to allow you to seal your records, the status quo remains, meaning the records will remain, and any party or agency can refer to or access them.

When Does the Court Seal Juvenile Records Automatically?

If the juvenile court dismissed your case after January 2015, you were found not guilty of the crimes noted in Welfare and Institutions Code section 707(b) (offenses like using deadly weapons, drugs, kidnapping, rape, or killing). If you were 14 years or older, the court would automatically seal your records. However, the court will only seal your records if you complete your probation. If your records are sealed automatically, you do not have to go to court.

On the other hand, if you did not complete your probation, your case may not be dismissed, and your juvenile records will not be sealed automatically. You have to request the juvenile court to seal your records if this happens. This is why it is essential to go through your probation terms and conditions and ensure you understand them so that you can complete your probation successfully.

If your records were sealed automatically for completing your probation, some parties might still consider your records in various situations like:

  • The court may have access to your records when you apply for benefits while in foster care
  • If the court dismissed your case and then sealed your juvenile records, the prosecutor may revisit your records to decide if you qualify to take part in an informal supervision program or a deferred entry of judgment.
  • If you are facing a new charge for committing a felony, the probation officer will review the programs you have taken part in, but they cannot use the information on your records to punish you or have you locked up in the juvenile hall.
  • If a new petition is filed against you and the prosecutor requests the court to try you as an adult in adult court, the court will go through your sealed records to decide if taking you to an adult court is right.
  • If you are found guilty of a felony offense, the court will review your records to determine the most appropriate sentencing for you.
  • If you have been placed in foster care, the child welfare may review your sealed records before deciding where you should live and the services you require
  • If the prosecutor feels like your records could be helpful to minors facing charges in a different case, he may request the court for your sealed records. In this case, you and your lawyer will be notified, and you have the right to object.
  • If the court prohibited you from owning a gun due to your offense, the Justice Department might keep reviewing your sealed records to ensure you do not purchase a gun.

Note that even though the above parties keep reviewing your records in either of the situations mentioned above, your records will remain sealed, and you do not have to request the court to seal them again.

Prepetition Diversion Program

If you took part in a diversion program rather than going to court in January 2018, and you completed the program, the probation will automatically seal your records and ask any agency running a diversion program also to seal your records. You must be notified by probation once your records are sealed, and if they fail to seal them, they are also required to notify you of the reason through writing. If the probation writes to you that their reason for not sealing your records is because you did not complete the program successfully, you can request the court to review the decision, and if the court determines that you completed the program, they will order probation to seal the records.

Deferred Entry Judgment

If you underwent deferred entry judgment supervision under sections 790 and 95 of the Welfare and Institutions Code and completed the program, the court automatically sealed your records after dismissing your case. However, if you did not complete the program, you must request the court seal your records.

If you are unsure if your records were sealed automatically, consult your probation officer or lawyer.

Sealing Records Listed Under Section 707(b)

The offenses listed in section 707(b) are serious and often tried in adult court. For you to be eligible to seal your records, you must:

  • Be at least 21 years and complete the Division of Juvenile Justice Supervision, or
  • Be at least 18 and have successfully undergone probation supervision

Benefits of Having Your Juvenile Records Sealed

Having your juvenile records sealed comes with a lot of advantages, such as:

  • If the order was under juvenile conviction, you would not have to undergo sex offender registration
  • You can proudly say you do not have any criminal record
  • You will have more access to school admission and employment opportunities

Sealing Juvenile Records When You Were acquitted

Under WIC 781 and penal code 851.7, you can seal your juvenile records if you committed a misdemeanor offense in either of the following circumstances:

  • You were not convicted, or your charges were dropped
  • You were released due to a lack of evidence
  • The court acquitted you of the charges filed against you

If any of the above situations were present in your case, you could file a petition to have your records sealed without having to wait till you turn 18 years or after five years following the court's jurisdiction.

Frequently Asked Questions About Sealing Juvenile Records

Below are detailed questions to help you understand how you can seal your juvenile records.

Can my employer see my records when they are not sealed?

Employers are encouraged not to consider or ask about an employee's juvenile history, and juvenile records are not accessible to most employers. However, this is not the case if you apply for a health worker or a peace officer position like a correctional officer or police officer.

Can my sealed records undergo re-opening?

Even after your records have been sealed, there are occasions that require your records to be reopened for referencing. These occasions include:

  • After involvement in a defamatory suit, or
  • When a motor vehicle department needs to check your driving records

Can my sealed records be destroyed?

You may decide to have your sealed records destroyed which means they will be unavailable and cannot be reopened. However, you can only have your records destroyed five years following their closure. But if the presiding judge declares you a ward of the court for being involved in criminal activity, your records can only be sealed after you turn thirty years.

Find a Los Angeles Record Sealing Attorney

If you need to seal your juvenile records, it is important to seek help and guidance from a skilled criminal defense attorney. Our experienced attorneys at Record Expungement Attorney are ready to help you ensure that your childhood mistakes won’t haunt you forever. We offer both online and in-person consultations for clients in Los Angeles. Call us at 424-286-1516 for exceptional and confidential services.