Seal Juvenile Record – California Law on Sealing and Destruction

Darren Chaker writes on laws to seal record in California. Juvenile Record Sealing in California provides significant advantages. California record sealing allows adult and juvenile records to be sealed then destroyed.  Laws to seal a juvenile in California are strict.  Welfare & Institutions Code § 827 (b) guarantees the confidentiality of Juvenile Court records. The strong state interest in the confidentiality of juvenile proceedings and records has long been recognized. In re Keisha T., 38 Cal App.4th 220, 231, 44 Cal.Rptr.2d 822 (1995). Probably every state in the Union has similar provisions. See Davis v. Alaska, 415 U.S. 308, 311, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974) (quoting Alaska’s provisions); Federal Rule of Evidence 609(d).

The purpose of preserving the confidentiality of juvenile records can be served by permitting inspection by a third party only after an initial in camera inspection by the Juvenile Court. Navajo Express v. Superior Court, 186 Cal.App.3d 981, 985 (1986). In determining whether to authorize the inspection or release of Juvenile Court records, the Juvenile Court must balance the interests of the child and other parties to the Juvenile Court proceedings, the interests of the petitioner, and the interests of the public. The court may permit disclosure of the records only insofar as is necessary, and only if there is a reasonable likelihood the records will disclose information or evidence of substantial relevance to the pending litigation. Cal. Rule of Court 1423(b). One purpose for an in camera inspection is to avoid “fishing expeditions.” Navajo Express, 186 Cal.App.3d at 986.

Darren Chaker also finds that police, prosecutors, and court personnel have the right to Juvenile Court records when “actively participating in criminal or juvenile proceedings involving the minor.” In re Keisha T, supra, 38 Cal App.4th at 232. Only attorneys for police “who are actively participating in criminal or juvenile proceedings involving the minor” are entitled to juvenile court records. Welf. & Inst. Code § 837(a)(1)(E). Another benefit is the Juvenile Court may limit the use of any records it does order disclosed. Cal. R. Ct. 1423(b).

Seal Juvenile Records – ‘Deemed Never to Have Occurred’

One substantial benefit of confidentiality is that juvenile records may eventually be sealed. This means a person may obtain an order which seals his/her Juvenile Court records “even from inspection by juvenile court personnel, and which requires the destruction of all records pertaining to the case in the custody of ‘any other agencies, including law enforcement agencies, and public officials …..” United States v. County of Los Angeles, 635 F.Supp. 588, 591 (C.D.Cal. 1986).

The Court cited California Welfare & Institutions Code § 781. “[O]nce the juvenile records in a matter are ordered sealed, ‘the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed.”’ Parmett v. Superior Court, 212 Cal.App.3d 1261, 1265,262 Cal.Rptr. 387 (1989). “[I]fan agency receives an inquiry regarding a record which has been sealed, the proper response is ‘[w]e have no record on the named individual,’ even though the record may physically still exist.” Id., at 1266, quoting 40 Ops.Cal.Atty.Gen. 50 (1962). “[E]ven a court is barred from relying on its own knowledge that certain proceedings took place after there has been a sealing.” Id.

Seal Juvenile Record – Process is Not Automatic at 18 – Must Petition Court

How to seal and destroy a California juvenile record is clear, says Darren Chaker. When a court issues an order to seal, agencies must seal court records in their possession relating to a juvenile status offense or crime, the court must specify the appropriate date for the destruction of the sealed records. (Welf.C. 781(a).) When directing other agencies to seal juvenile court records in their possession relating to dependency, the court must direct the agencies to destroy the sealed records 5 years after sealing. (Welf.C. 389(a).)

California Welfare & Institutions Code § 827 (b) guarantees the confidentiality of Juvenile Court records. The strong state interest in the confidentiality of juvenile proceedings and records has long been recognized. In re Keisha T., 38 Cal App.4th 220, 231, 44 Cal.Rptr.2d 822 (1995). Probably every state in the Union has similar provisions. See Davis v. Alaska, 415 U.S. 308, 311, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974) (quoting Alaska’s provisions); Federal Rule of Evidence 609(d).

Seal Juvenile Record – Assurance of Secrecy Until the Law Requires Destruction

Sealing juvenile records in California is a crucial process that allows individuals to move past their youthful indiscretions and start anew. As of January 1, 2025, Senate Bill (SB) 1161 will expand the eligibility for juvenile record sealing, making more records eligible for this process.

Under California law, individuals can petition to have their juvenile records sealed when they reach the age of 18 or five years after the jurisdiction of the juvenile court has terminated[3]. The process involves filing a petition with the juvenile court, which then sets a hearing date. The district attorney and county probation officer are notified and may provide input.

Welfare and Institutions Code 781 governs the sealing of juvenile records. Subdivision (d) of this code addresses the confidentiality aspect of sealed records. It states that unless the court determines there is good cause to retain the records, it shall order the destruction of a person’s juvenile court records[6]. This provision ensures that once records are sealed, they remain confidential and are eventually destroyed, providing a clean slate for the individual.

The sealing process applies to all records related to the case, including those held by the juvenile court, law enforcement agencies, and other officials[3]. Once sealed, the records are considered to never have existed, allowing individuals to legally answer “no” to questions about prior convictions.

It’s important to note that certain serious offenses listed in Welfare and Institutions Code § 707(b) may not be eligible for sealing, particularly for individuals who were 14 or older at the time of the offense[7]. However, for those under 14 or for cases involving non-707(b) offenses, the sealing process may be more straightforward.

The sealing of juvenile records is a vital step in rehabilitation, offering young people the opportunity to move forward without the burden of a criminal record. It reflects California’s commitment to giving youth a second chance and recognizing their capacity for growth and change.

Of course, consult an attorney and do not take anything on this site as legal advice. The Orange County Public Defender offers great resources for people wanting to seal and expunge records through its New Leaf Program.