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Sealing Juvenile Records

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It’s not unusual for a person to have an indiscretion in their past, but there is no reason to allow a juvenile record to have a negative impact on your present life and future opportunities. And no matter how long ago, your record as a minor is not sealed or expunged unless you take affirmative steps to make it happen.

 

What May be in Your Juvenile Record

Although it’s accurate and legally correct to say that no juvenile record is indicative of the commission of a crime, most people equate a finding that a juvenile is delinquent and therefore a ward of the court with a criminal verdict. Your juvenile record will include the judge’s reports and findings and also the arrest report, exhibits used at the hearing and the probation report.

 

Importantly, even if you were released because of insufficient evidence, the case was dismissed without a conviction or you were ultimately acquitted of the charges, you will still have a juvenile record.

 

Juvenile Records that Qualify for Sealing

You are eligible to have your records sealed if:

  • You are at least 18 years old or the juvenile court supervision has been over for at least five years, whichever comes first.
  • You have not been convicted as an adult of a crime involving moral turpitude, such as fraud, theft or certain drug or sex offenses.
  • The court concludes that you have been rehabilitated.
  • No pending litigation is ongoing arising from a prior juvenile incident.

 

Additionally, even if you meet the above requirements, if you committed any offense listed in the California Welfare and Institutions Code 707(b), such as murder, robbery, a firearm offense or any violent felony before you were 14 years old, you are not eligible.

 

Procedure

A petition is filed in the county where you were last convicted, and a hearing date will be set. In most cases, your Orange County juvenile crimes defense attorney can appear on your behalf without your presence. Based on your evidence presented and any relevant evidence by the probation department or district attorney, the judge will either grant your petition or deny your petition, in which case you may re-apply at a future date.

 

The Effect of a Granted Petition

Once your juvenile record has been sealed, you may legally answer no if asked if you have ever been arrested, have a criminal record or even if you have a sealed record. State licensing agencies, prospective employers, schools and landlords will no longer have access to your past.

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