A lot of people mistakenly think that their juvenile records will be sealed automatically when they turn 18.

The reality is that juvenile records remain open and available to employers, landlords, state licensing agencies, school officials and others unless a judicial order to seal and destroy them is obtained. If you have a juvenile record, are 18 or older, and meet the proper criteria, it’s highly recommended that you petition to have your record sealed under California Welfare and Institutions Code 781 WIC.

Don’t let the mistakes you made when you were young keep you from creating the future you deserve. An attorney can answer your questions and help you understand the process of sealing your record and making a fresh start.

Call Today – 800-834-6434

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What does it mean to have your juvenile record sealed?

When your record is “sealed” it means that the documents in your file are no longer public record and, basically, cease to exist. Sealed documents include all arrest reports, probation reports, judge’s rulings and exhibits. That means that all of that information can no longer be obtained by employers, licensing agencies, or other entities.

It also means that you will be able to legally answer “no” to some common questions that can stigmatize a former offender, including:

Have you ever been arrested?
Do you have a criminal record?
Do you have a sealed juvenile record?

Essentially, any record of criminal activity you were involved in while under the age of 18 will no longer be public knowledge.

Does sealing my juvenile record mean that it will be destroyed?

Your juvenile record will most likely be destroyed when it is sealed. It is possible, in some very rare cases, that the court may decide that a sealed juvenile record should be retained. If that is the case, the sealed record will eventually be destroyed either:

When you turn 38
5 years after your record has been ordered to be sealed by a judge if you were declared a ward of the court for being habitually disobedient or truant.

Can sealed juvenile records be reopened?

While a sealed juvenile record essentially no longer exists, there are a few special circumstances under which a sealed record may be reopened.

In a criminal case, a prosecutor may be allowed to access a sealed juvenile record in order to disclose evidence that clears someone of guilt for an accused crime.
A juvenile record may be reopened as part of the proceedings of a civil defamation lawsuit. In this case, records will be resealed after the suit has been resolved.
The California Department of Motor Vehicles may give insurance adjustors access to a sealed juvenile record so that they can evaluate the former offender’s risk and insurance eligibility.

Why should you have your juvenile record sealed?

Even without sealing your record, if you were found guilty of an offense while under the age of 18 and declared a ward of the juvenile court, you don’t technically have a criminal conviction on your record. That’s because juvenile court proceedings aren’t actually considered criminal.

Therefore, whether or not your record is sealed, you are not legally obligated to report juvenile convictions when asked if you have a criminal record. However, despite it being perfectly within your legal rights not to disclose your juvenile convictions as criminal, if employers or academic officials find your unsealed juvenile record, they may interpret your non-disclosure as deceit or misrepresentation. That’s why the best course of action is to legally protect yourself from any future stigma and have your record sealed under WIC 781.

The reasons to have your juvenile record sealed are many. You will likely see significant benefits to your education, professional life, and personal life. Some of those benefits may include:

Not facing discrimination from employers or academic officials for having a juvenile record.
The ability to truthfully answer “no” to questions about whether you have a criminal history.
If you were required to register as a sex offender under Penal Code 290 PC because of a juvenile conviction, you will no longer need to do so.
The sense of freedom from your past mistakes and the ability to make a fresh start.

Requirements for eligibility to have your juvenile record sealed

In order to be eligible to have your juvenile record sealed under Welfare and Institutions Code 781 WIC, you must meet all of the following criteria:

You are 18 years or older, OR the juvenile court jurisdiction terminated at least 5 years ago.
You have not been convicted of a felony or misdemeanor crime of “moral turpitude,” such as fraud, sex offenses or drug offenses, as an adult.
There is no pending civil litigation related to your juvenile offenses
The court believes that you have been sufficiently rehabilitated

It is possible you may be ineligible to have your records sealed if you were convicted of certain, more serious, offenses after the age of 14. These offenses are listed under California Welfare and Institutions code 707(b) and include violations such as:

California violent felony crimes
California firearms offenses
Arson, Penal Code 451 PC
Robbery, Penal Code 211 PC
California’s murder or attempted murder law, Penal Code 187 PC

How to get your juvenile record sealed

The process of having your California juvenile record sealed can take about eight to ten months, on average. The first step is to hire a California defense attorney to represent you. The rest of the process will typically proceed as follows:

Your criminal defense attorney will file a petition to have your record sealed and the judge will set a date for your hearing.
A hearing will be held to determine whether the judge will grant or deny your petition. Most likely, your defense attorney will be able to appear at the hearing on your behalf and you won’t be required to appear in person unless specified by the judge.
The judge will either grant your petition and an order will be sent to any agencies in possession of them to seal and destroy them, OR your petition will be denied.
If your petition is denied, you can file another petition to have your records sealed at a later date.

If you have a juvenile record in California and would like to petition to have your record sealed, hiring a qualified California defense attorney to represent you is the best way to ensure that the process goes smoothly, and your petition is granted on the first try.

As a California defense attorney with over 40 years of experience representing clients and appearing in California courts, Robert M. Helfend is the perfect legal ally to guide you through the record sealing process from start to finish. Don’t let your past mistakes dictate your future, call today to set up a consultation and be on your way to a clean slate – 800-834-6434.