Sealing Juvenile Records | Merced Criminal Defense Attorney Adam Rodriguez
If you are an adult and have been arrested and or convicted of a crime as a juvenile, now is the time to have those records sealed. There seems to be a big misconception regarding juvenile records, many individuals believe that once they turn 18 those records are automatically sealed and or destroyed. However, these records remain available for view until you receive a court order to permanently seal them.
Sealing your records means that all records held by the police and sheriff's department, the court, the probation department, the district attorney, and the Department of Justice will be closed and sealed off. Sealing court proceedings will be treated as though they never took place, if someone asks these agencies about a sealed record, the law requires the agencies to answer, “we have no record of that matter.” The law says you can legally say that you were not adjudicated, and not even arrested, for the matter that gets sealed.
If you want to truly put your past in the past then you will have to motion the court to seal your records. Here at the office of Nuttall and Coleman, Fresno Criminal Defense Attorney Adam Rodriguez can help you put your past behind you so that you are never unexpectedly reminded of the mistakes you made as a juvenile. Call today for a free consultation
California Penal Code 851.7 Sealing Record of Juvenile Arrest for Misdemeanor
(a) Any person who has been arrested for a misdemeanor, with our without a warrant, while a minor, may, during or after minority, petition the court in which the proceedings occurred or, if there were no court proceedings, the court in whose jurisdiction the arrest occurred, for an order sealing the records in the case, including any records of arrest and detention, if any of the following occurred:
(1) He was released pursuant to paragraph (1) of subdivision (b) of Section 849.
(2) Proceedings against him were dismissed, or he was discharged, without a conviction.
(3) He was acquitted
(b) If the court finds that the petitioner is eligible for relief under subdivision (a), it shall issue its order granting the relief prayed for. Thereafter, the arrest, detention, and any further proceedings in the case shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence.
(c) This section applies to arrests and any further proceedings that occurred before, as well as those that occur after, the effective date of this section.
(d) This section does not apply to any person taken into custody pursuant to Section 625 of the Welfare and Institution Code, or to any case within the scope of Section 781 of the Welfare and Institution Code, unless, after a finding of unfitness, for the juvenile court or otherwise, there were criminal proceedings in the case, not culminating in conviction. If there were criminal proceedings not culminating in conviction, this section shall be applicable to such criminal proceedings if such proceedings are otherwise within the scope of this section.
(e) This section does not apply to arrests for, and any further proceedings relating to, any of the following:
(1) Offense for which registration is required under Section 290
(2) Offenses under Division 10 (commencing with Section 11000) of the Health and Safety Code.
(3) Offenses under the Vehicle Code or any local ordinance relating to the operation, stopping, standing, or parking of a vehicle.
(f) In any action or proceedings based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted in evidence. The records shall be confidential and shall be available for inspection only by court, jury, parties, counsel for the parties. and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceedings becoming final, the court shall order the records sealed.
(g) This section shall apply in any case in which a person was under the age of 21 at the time of the commission of an offense as to which this section is made applicable if such offense was committed prior to March 7, 1973.