Cleaning Up Juvenile Records
When dealing with a juvenile’s prior criminal record, two options exist:
- In cases where the juvenile was not sent to the California Youth Authority, the conviction can generally be sealed, as long as it was not for any of the crimes listed in Welfare and Institutions Code section 707(b)**.
- In a case where the juvenile was sent to the California Youth Authority, and was subsequently honorably discharged, we can petition to have the verdict of guilt set-aside, thereby releasing the individual from the penalties and disabilities of the conviction.
Sealing of Juvenile Record
If you were convicted as a juvenile and were not sent to the California Youth Authority, we can petition the court to seal and destroy the records of your conviction, including records of arrest relating to your case that are in the custody of the juvenile court, the probation officer, and any other agency, including law enforcement agencies and public officials. If you are required to register as a sex-offender as a result of your juvenile conviction, sealing of the records will relieve you from further registration requirements. To qualify, you must not have been convicted of another felony and/or misdemeanor involving moral turpitude since your conviction, and your conviction was not for any of the crimes listed in Welfare and Institutions Code section 707(b)**.
Once the record is sealed, the proceedings in your case shall be deemed never to have occurred and you can deny ever having had the conviction.
What if there was a California Youth Authority Commitment?
If you were convicted as a juvenile, and honorably discharged by the Youth Authority Board, you may petition the court to set aside the verdict of guilty in your case and have the case dismissed. This will release you from all penalties and disabilities resulting from the conviction, including, but not limited to, any disqualification for employment or occupational license.
** W&I Code section 707(b) Subdivision (c) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation, when he or she was 16 years of age or older, of one of the following offenses:
(1) Murder.
(2) Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code.
(3) Robbery.
(4) Rape with force or violence or threat of great bodily harm.
(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.
(6) Lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace, or threat of great bodily harm.
(8) Any offense specified in subdivision (a) of Section 289 of the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purpose of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great bodily injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) Any offense described in Section 1203.09 of the Penal Code.
(17) Any offense described in Section 12022.5 or 12022.53 of the Penal Code.
(18) Any felony offense in which the minor personally used a weapon listed in subdivision (a) of Section 12020 of the Penal Code.
(19) Any felony offense described in Section 136.1 or 137 of the Penal Code.
(20) Manufacturing, compounding, or selling one-half ounce or more of any salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.
(21) Any violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which would also constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code.
(22) Escape, by the use of force or violence, from any county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 where great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape.
(23) Torture as described in Sections 206 and 206.1 of the Penal Code.
(24) Aggravated mayhem, as described in Section 205 of the Penal Code.
(25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon.
(26) Kidnapping, as punishable in subdivision (d) of Section 208 of the Penal Code.
(27) Kidnapping, as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 12034 of the Penal Code.
(29) The offense described in Section 12308 of the Penal Code.
(30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.
