How to Seal Your Juvenile Record

Even if it’s been a while since you were 18, a juvenile record could still haunt you. Here’s how an expungement lawyer can get your juvenile record sealed.

For most purposes, sealed juvenile records are treated as though the case never occurred, such as employment, housing, or education; you can lawfully state that you have no juvenile record.

However, sealing does not mean the records are destroyed. They still exist but are placed in a confidential status and can only be accessed in very limited circumstances defined by law (such as certain new felony filings, firearm prohibitions, or specific juvenile court proceedings).

You may need to take a few steps to get your juvenile record sealed. By reading this guide and working with a qualified expungement lawyer, you’ll be ready to navigate this process.

The Long-Term Effects of Juvenile Records

Were you arrested/involved in a court case or in contact with the California juvenile justice system before turning 18? If so, the courts (and other public agencies, such as police and schools) might still have your juvenile record on hand.

No matter how long ago your juvenile offense was, the paper trail it created could still have a negative effect on your adult life. Unsealed juvenile records may make it harder for California residents to:

  • Find employment
  • Get loans
  • Attain driver’s licenses
  • Attend college
  • Rent apartments

Was Your Juvenile Record Sealed Automatically?

Your juvenile records in California might have already been sealed without you or your expungement lawyer having to make a request. These records can be sealed automatically in the following circumstances:

Less Serious Cases

Since 2015, when a youth satisfactorily completes probation or any court-ordered program, the juvenile court must automatically dismiss the petition and seal the record under WIC § 786. However, you’ll have to meet a few requirements to be eligible for this.

One of these requirements is successfully going through probation. If the court does not believe you have done this, it won’t seal your records automatically and might not dismiss your case.

Pre-Petition Diversion Program

From January 1, 2018, on, probation has sealed probation records and notified law enforcement agencies to seal their own records in the case of people who:

In this situation, probation is required to tell you if your records have been sealed. When this doesn’t happen, probation must give you a written reason why this decision was made. If your records weren’t sealed because probation decided you did not complete the program to its satisfaction, you can request a review of that decision from the court. Assuming the court determines that you completed the program satisfactorily, probation will be ordered to seal your records.

See also  Common Defenses to Juvenile Theft Charges

As of January 1, 2021, people who went through a law enforcement diversion program and were not referred to probation have had their records sealed if they satisfactorily completed this program. If your records aren’t sealed, you’ll be informed and have a chance to ask the law enforcement agency in question to reconsider.

Know if Your Juvenile Record Wasn’t Sealed

The automatic sealing of juvenile records isn’t a guarantee. You may need to petition the court to have your juvenile record sealed—especially if:

  • Your case was closed before January 1, 2015, or
  • Your case did not involve any probation supervision or court-ordered program after that date, or

The court or probation determined you did not “satisfactorily complete” supervision, even if your case occurred after 2015.

In these situations, you may still qualify to seal your juvenile record under Welfare & Institutions Code § 781 if:

  • You are 18 or older, or at least five years have passed since the juvenile case closed, and
  • The court is satisfied that you have been rehabilitate

Who Is Not Eligible Under § 781?

  • You are not eligible to have your juvenile record sealed if:
  • You were convicted in adult court of a listed WIC § 707(b) offense after age 14, or
  • You committed a § 707(b) sex offense that required registration under PC § 290.008.

These limitations apply only to the specific offenses identified in statute, not to all adult felonies or misdemeanors.

Not everyone is eligible for juvenile record sealing. If you have been convicted in adult court of a felony or any misdemeanor involving moral turpitude (e.g., murder or a sex crime, among other offenses), you will not be able to make this request.

Sealing Juvenile Records Under Section 707(b)

Certain serious offenses listed under Welfare and Institutions Code § 707(b), including arson, robbery, rape, kidnapping, and murder, have stricter sealing rules than most juvenile cases.

  • You may be eligible to seal a § 707(b) offense if:
  • You are 18 or older and have completed all probation supervision, OR
  • You are 21 or older and previously completed Division of Juvenile Justice (DJJ) supervision before DJJ was closed.

Note: California permanently closed DJJ in 2023. These sealing rules still apply to individuals who were historically committed to DJJ before its closure.

If you committed a § 707(b) sex offense at age 14 or older and were required to register under Penal Code § 290.008, you are not eligible to have that record sealed.

Can Agencies Still Look at a Sealed Juvenile Record?

Even if your juvenile record was sealed after you completed probation, agencies may still be able to look at it if:

  • You submit an application for benefits as a non-minor dependent in extended foster care
  • The juvenile court finds you guilty of a felony and needs to determine a fitting sentence
  • You get arrested for a new offense, and the prosecutor asks for you to be transferred to adult court
  • The Department of Justice needs to ensure you cannot buy or own a gun (if your offense prohibits you from doing so)
  • A prosecutor/judge needs to know if a victim was helpful during the investigation/prosecution of your offense when they’re seeking certification related to an immigration matter
  • The prosecutor or someone else needs to know if you’re eligible for a deferred entry of judgment program (or a less formal supervision program)
  • A new petition has been filed against you for a felony offense (though probation cannot use this information for punitive purposes or to keep you in juvenile hall)
  • You are in foster care, and child welfare needs to determine where you should live/what services you require
  • A prosecutor believes something in your record could help someone who has been charged in another case (in this situation, the court will inform you/your expungement lawyer and you can object)
  • If another petition has been filed against you, and your competency to participate in your case is in question
  • Access for peace officer employment background checks in some situations
  • Access in specific firearm-prohibition determinations beyond what you mentioned
  • Access for research purposes (with strict confidentiality rules)
See also  How to Petition for Expungement

Your juvenile record being viewed in situations like these doesn’t mean it will be permanently unsealed. In the future, your records will remain sealed, so you won’t have to ask the court to reseal them.

Do You Need an Expungement Lawyer?

If you’re aiming to seal your juvenile record, you’ll want to work with someone you can trust. An expungement lawyer can help you get the best possible results from this process.

No matter what legal challenges you’re facing, Cyrus Tabibnia and the other team members at Tabibnia Law Firm can help. Thanks to our legal expertise and attention to detail, you won’t have to worry about completing and filing your petition correctly. Get started by calling (866) 511-2659 or completing our online contact form!

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