New Juvenile Record Sealing Law

New Juvenile Record Sealing Law

Posted By Law Offices of Mark Raymond McDonald || 28-Jun-2018

Seal Your Juvenile Record

We can petition the court to seal juvenile records for the serious offenses listed in Welfare and Institutional Code § 707(b) (these are the offenses that can be transferred to adult court) except if you were sent to a state facility for a serious sex offense that requires sex offender registration under Penal Code section 290.008. To qualify for this, you must be either:

• 21 years of age and have completed supervision by the Division of Juvenile Justice, or

• 18 years of age and have completed your probation supervision.

If the court seals these records, it will not destroy them, and they may be accessed by the prosecution, probation or the court if you have a later felony case.

Who cannot seal their juvenile records?

The court is not allowed to seal your records if:

• The court found that you committed a serious sex offense listed in Welfare and Institutions Code section 707(b) when you were 14 or older for which you are required to register as sex offender under Penal Code section 290.008,

• Your record is for an adult conviction in a criminal court (if this is the case, read cleaning an adult record), or

• You were convicted as an adult of an offense involving "moral turpitude" (such as a sex or some drug crimes, murder or other violent crime, or forgery, welfare fraud, or other crime of dishonesty).

The following is a list of serious offenses set forth by WIC 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 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, violence, or threat of great bodily harm.

(5) Sodomy by force, violence, duress, menace, or threat of great bodily harm.

(6) A 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) An offense specified in subdivision (a) of Section 289 of the Penal Code.

(9) Kidnapping for ransom.

(10) Kidnapping for purposes 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 in emptied or occupied building.

(16) An offense described in Section 1203.09 of the Penal Code.

(17) An offense described in Section 12022.5 or 12022.53 of the Penal Code.

(18) A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code.

(19) A felony offense described in Section 136.1 or 137 of the Penal Code.

(20) Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code.

(21) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would 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 a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if 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 for purposes of sexual assault, as punishable in subdivision (b) of Section 209 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 26100 of the Penal Code.

(29) The offense described in Section 18745 of the Penal Code. (30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.

Attorney Mark Raymond McDonald can help you properly file a petition to seal, argue against any objections that law enforcement may have against sealing your record, and help the court find that your record should be sealed. Call today (909)890-3500!