When a young person makes a mistake, they should not be burdened for the rest of their life. The problem is that juvenile records can create obstacles in life, including applying to college or securing a job. Fortunately, the legal system offers a second chance through sealing juvenile records. Sealing allows people to move forward without the burden of youthful mistakes. It is an essential step toward rehabilitation and building a brighter future.
However, the legal process of sealing a record can be complicated. That is why CCLG: Los Angeles Criminal Attorney is here to help. We understand the law and are dedicated to assisting young people to have the fresh start they deserve. Do not let a juvenile record define your future. Call us today for professional guidance on sealing records and reclaiming future opportunities.
What is the Key Difference Between Sealing and Expungement?
Sealing a juvenile record is a legal process that makes a minor’s criminal history confidential and inaccessible to the public. This is one of California’s most effective forms of relief for juveniles. This is meant to give young people a second opportunity, as youthful mistakes should not permanently hinder their future. Once sealed, a record is legally treated as though it does not exist, meaning an individual can truthfully state that they do not have a criminal record. In many cases, sealed records are eventually destroyed, ensuring a permanent clean slate.
California law defines the act of dismissal of an adult criminal conviction as an expungement. Expungement does not erase the record of arrest or conviction, unlike sealing. Expungement dismisses the conviction but does not erase the record, which may still appear in certain background checks. This means that law enforcement and government agencies can still access the record. The difference between the two is that expungement will grant partial relief instead of destroying records in sealing.
In the case of juveniles in California, the most favorable option is sealing. It is more of an effort to do away with a case rather than just throw it away and ultimately destroy it. This is a significant difference because it enables people to be reintegrated entirely into society without having the taint of their previous record, like an expunged adult record, which may still come up under certain conditions.
The Life-Transforming Advantages of a Sealed Record
Sealing a juvenile record provides a clean slate, restoring opportunities that may have been limited by past mistakes. It is an investment in a person’s future with life-changing value. Some key areas a sealed record helps in include the following:
Employment
The most significant advantage of a sealed record is the ability to progress on a professional level. After a record is sealed in California, it is legally and truthfully answerable to most questions regarding previous arrests, detentions, or adjudications on job applications, with the response being no. This is a practical difference, since it ensures that a wrong move at a young age that could have been a permanent barrier to a job cannot be used as a barrier to employment. In most jobs in the private sector, no sealed record will show up on any background check, and a person can compete in the job market without the stigma of their past.
Education and Housing
Sealing a juvenile record is also highly beneficial for access to education. Criminal history is a question that is used in many colleges and universities. With a sealed record, an honest answer is that you can say no. That will significantly increase your chances of acceptance and may make you eligible for federal financial aid that would otherwise be denied for certain offenses.
Similarly, when seeking housing, a sealed record prevents landlords from seeing the record on a background check, which is essential when finding a residence.
Professional Licensing and Military Enlistment
Although a sealed record offers many protections, it has some exceptions, including military enlistment or some professional licenses like law enforcement and healthcare. Even when a state has sealed its records, federal agencies and military branches may often access them. Sealing your record, however, is a positive step.
It demonstrates that you have made yourself accountable for your behavior, a necessary rehabilitation period, and that you are making the right step that can be considered in a waiver or a positive result during a background check. This demonstrates accountability and rehabilitation, which can help with background checks or waiver applications and be a compelling part of a complete story.
Automatic Sealing WIC § 786
California has passed a landmark law under the Welfare and Institutions Code WIC § 786 to seal most juvenile records automatically. This reform makes it easier for young people to move past their mistakes.
The WIC § 786 currently requires that, in most juvenile cases, the records be automatically sealed once the person has completed the supervisory or probation. This includes documents contained in the juvenile court, police, probation department, and the Department of Justice. The court must forward a sealing order to all the agencies concerned and inform the individual and his/her counsel that this record has been sealed.
The law does not apply to instances when the minor was 14 years or older and had a sustained petition of a serious offense classified under WIC 707(b). These crimes are serious crimes like murder, arson, robbery, and other violent felonies. For offenders of such acts, you should petition the court separately to have the record sealed.
The automatic sealing process is a monumental change. In the past, an individual with a juvenile record was required to submit a petition with fees and, on most occasions, attend a hearing to seal the records. It was confusing, lengthy, and complicated. Not everybody finished this process. Consequently, these people were burdened with their juvenile history throughout their adult life since they encountered employment, housing, and education barriers. WIC § 786 eliminates these procedural challenges by automating the process, so that a mistake made in the early years of a person does not affect you or your loved one’s future. It embodies the rehabilitative purpose of the juvenile justice system and provides a genuine second chance.
When are Records Sealed Automatically?
The Welfare and Institutions Code of California (WIC) § 786 defines a set of conditions under which the automatic sealing of juvenile records is possible, creating a new avenue to a clean slate without requiring a formal petition in most situations. The following are the three main situations when a juvenile record is automatically sealed:
Following a Successful Diversion Program
When a minor has attended a pre-petition diversion program and has passed all its conditions, the probation department will seal the arrest record. This case applies to situations where the court never received a formal petition. The diversion program is one of the methods to address minors’ behavior without involving the court system, and after completion, the arrest record and program participation are sealed. This is a crucial distinction because it prevents the case from becoming a formal court record, safeguarding the minor’s future from the beginning of the entire procedure.
After a Case is Dismissed
If a petition was submitted to the juvenile court, but the case was dismissed later, the court is bound to order the record sealed. This applies to dismissals that were made on or after 1st January 2015. The court order instructs all concerned agencies, like the law enforcement, probation department, and the Department of Justice, to seal their case records. This is so that even though a minor was officially introduced into the justice system, a dismissal based on the case or other reasons will lead to a complete sealing of the record so it does not follow them into adulthood.
Following a Successful Deferred Entry of Judgment (DEJ)
Deferred Entry of Judgment (DEJ) is where a minor pleads guilty to the charges leveled against him/her, but the court does not issue a formal judgment. The minor will then be put under a term of supervision under specific terms and conditions.
Provided that the minor manages to accomplish all conditions of the DEJ program, the charges are dismissed, and the court has to order the record to be sealed. This is an effective rehabilitation instrument because it allows the minor to take responsibility for his/her deeds without any permanent record. The fact that it is automatically sealed at successful completion provides a genuine second chance, as the case is legally treated as though it never happened.
Note: These three scenarios demonstrate a significant change in the juvenile justice system in California. It is no longer focused on a system that necessitates the individual to act proactively and, in most cases, is burdensome. It now focuses on a system that allows automatic record sealing as a default on most non-serious crimes. This reform aims to ensure that a juvenile’s past will not be an insurmountable hindrance to his/her future success.
Sealing by Petition Through WIC § 781
Although the automatic sealing in the Welfare and Institutions Code (WIC) § 786 is a significant improvement, not all juvenile records can go through this simplified process. For individuals who do not qualify for automatic sealing under WIC § 786, the conventional route through WIC § 781 is the primary method of clearing their record. It is a petition-driven procedure, and the individual should proactively file the request with the court.
WIC § 781 allows individuals to petition the court so that his/her juvenile record may be sealed. Provided the court grants a petition under this section, the proceedings, and the records are considered to have never occurred. This means that the person can truthfully answer no to the questions concerning arrests or criminal records and be legally trusted on the same, which is essential to secure employment, education, and housing opportunities.
This process usually involves a court hearing where a judge reviews the petition and decides whether the petitioner qualifies to be rehabilitated. It becomes the burden of the petitioner to show the court that he/she has managed to reform his/her life since the juvenile crime.
Several groups of individuals still need to go through the petition process under WIC § 781, including:
- Cases where the automatic sealing law was enacted before becoming effective — The automatic sealing of the WIC § 786 does not apply retroactively. Before the law’s effective date, people in their probation or diversion programs need to petition to have their records sealed.
- Those who failed to complete probation satisfactorily — It was not always the case that once a minor did not satisfy probation or the deferred entry of the judgment program, their case was sealed. They will be required to approach the court and prove that they have been rehabilitated since.
- Persons with more serious offenses — Persons with a sustained petition for a serious crime listed in WIC § 707(b), including murder, robbery, or arson, cannot qualify for automatic sealing and instead need to file a petition under WIC § 781.
To have the right to file a petition under WIC § 781, you should have specific requirements, namely:
- Age or time passed — The person must either be 18 years old or the time during which the person is over 18 years old must have been at least five years since the juvenile court’s jurisdiction ended.
- No subsequent material convictions — Since the juvenile offense, the petitioner should not have been convicted of any felony or misdemeanor that included moral turpitude.
- Rehabilitation — The court should be convinced that the petitioner is rehabilitated. This entails scrutiny of their behavior, such as their crime, working record, education, and any further interaction with law enforcement. The judge evaluates these factors to determine whether it is in the interest of justice to seal the record.
Juvenile Offenses That Are Not Eligible For Sealing In California (WIC § 707(b))
Most serious juvenile offenses in California cannot be sealed, thus posing a significant restriction to the otherwise progressive record-clearing laws. This is mainly regulated by the California Welfare and Institutions Code (WIC) § 707(b), the list of which includes a particular group of serious and violent felonies.
This important exception shows a legal conflict between the aim of rehabilitating juveniles and the safety and responsibility of the community towards the gravest offenses. It is a basic carve-out within a system that works to provide second chances to the minors based on an indication of the law that some crimes are heinous in nature, and to leave behind a record.
The WIC § 707(b) is a comprehensive list of serious and violent felonies, which may have long-term implications on the record of the minor. Some crimes listed here are:
- Murder
- Attempted murder
- Arson causing significant bodily injury
- Robbery
- Certain forcible sex crimes and
- Kidnapping
These crimes can also subject a minor to a trial in an adult court due to a hearing to determine if the minor should be tried as an adult (fitness hearing). The critical nature of these crimes is the most critical factor in why juvenile law treats them differently. They are perceived to be so serious that they should be recorded in a more serious and accessible way. The law assumes that the danger to public safety concerning these specific crimes is greater than the policy of complete record confidentiality.
When a minor was 14 years or older and had been discovered to have committed an offense of WIC 707(b). His/her records become ineligible to be sealed under the old process under petition (WIC 781) and the new process under automatic sealing (WIC 782 § 786). This is a huge exception to the California practice of offering a second chance to first-time juvenile offenders.
This means that, despite the minor having passed the supervision or probation and proceeded to lead a law-abiding life, the record of the sustained petition will still be unsealed. Although this record is not public as an adult criminal record, it is available to various agencies, including law enforcement and some employers in sensitive industries.
Although the introduction of WIC § 786 has made a fresh start much more accessible to many youths by automatically sealing their records that they were eligible to get, knowing these particular limitations is paramount. A record of a grave felony, according to WIC § 707(b), may substantially hinder employment, the issuance of a professional license, serving in the military, and other opportunities into adulthood.
There is a permanent barrier due to the unsealed record for people who would like to have a career requiring background checks, like law, medicine, teaching, or law enforcement. This legal inability to seal also has a tremendous psychological effect, as it will leave people still bearing the scar of a young error and unable to leave their past behind completely.
That is why people with these records should know about their particular case and the legal opportunities concerning the case, as the rules for these serious offenses are fundamentally different from the vast majority of juvenile cases.
What Happens After Your California Record is Sealed
Closing a juvenile record is not just a formal act, but a legally transformative process with far-reaching effects. With a sealing order in place, a person has basically wiped out his/her past in the eyes of the law, and with a clean slate, he/she can truly have a fresh start. The following are the issues involved in sealing a record:
Destruction of Sealed Records
Whenever a court issues an order to seal a juvenile record, it provides an instruction to the concerned agencies, like the juvenile court, the probation department, and the law enforcement agency, to seal all the documents relating to the case. Sealing means that the records are no longer accessible to the public. Moreover, the law dictates the eventual destruction.
All records that were sealed regarding the case are supposed to be destroyed five years after the date of the sealing order. This ensures long-term privacy and prevents misuse of information.
Answering “No” on Applications
The fact that the sealed record can be legally and truthfully denied as existing is one of the most significant advantages of the sealed record. Otherwise, with some very narrow exceptions, a person whose record has been sealed can answer no to questions regarding arrests, detentions, or records of court proceedings.
This is essential to employment, housing, and education applications. The sealed record will not be visible to the employers and landlords undertaking the background checks, and the person is not expected to reveal it. This offers a clean slate, which is legal.
The Case Is Considered Never to Have Existed
The statute’s legality stresses this relief: the case is considered never to have existed. This wording underscores the comprehensive nature of a sealing order. It is not simply that the records are concealed. The event is treated as if it never happened for most legal and practical purposes. This is a powerful distinction from other types of record clearance.
It eliminates the social and economic stigma that is linked with an adult record, enabling the person to continue with their life in the absence of being incarcerated for a wrongdoing committed in the past. An exception is only made in a few exceptional cases, like some licensing applications of professions involving children, a court may unseal records on a limited basis. However, in most cases, the sealed record is entirely unseen and not legally considered.
Find a Los Angeles Criminal Attorney Near Me
Juvenile records do not have to be a life sentence. Sealing them provides an excellent avenue to a fresh start, as people can continue their education, secure good jobs, and create a good life without the stigma of their previous errors. It is a testament to the justice system’s belief in rehabilitation and second chances. Sealing does not erase the past but ensures it does not unfairly dictate the future.
The journey to sealing a record may be complicated and frustrating with legal paperwork, court hearings, and specific eligibility criteria. CCLG: Los Angeles Criminal Attorney is determined to help you through all the processes involved in this critical process. We are committed to helping you secure a future free from the limitations of a record. Contact us today at 323-922-3418 to find out how we can get you back on your feet.
