Los Angeles Criminal Defense

Expungement, Sealing & Destroying Juvenile Records

The Types of Juvenile Records to Expunge

(1) The arrest, juvenile court, probation department, and other agency records of a minor who had a juvenile court petition filed against him or her, who had contact with a probation officer, or who was taken before a law enforcement officer.

This does not include violations of the California Vehicle Code. Records of a person found in juvenile court or adult court to have committed an offense listed in Welfare and Institutions Code Section 707(b) at age 14 or older may not be sealed or destroyed.

(2) The misdemeanor arrest record of a minor who was treated as an adult and was not convicted in adult court.

(3) The felony arrest record of a minor when no accusatory pleading was filed or a misdemeanor conviction record of a minor who was treated as an adult, if the person is eligible for or has already received relief under Penal Code Sections 1203.4 or 1203.4a, and the arrest or conviction is a first offense.

This does not include arrests that require sex offender registration, certain drug offenses, or vehicle-offenses under the Vehicle Code.

Los Angeles Criminal Defense Attorneys

The Effect of Juvenile Expungement

After the sealing of a misdemeanor arrest and detention record of a minor who was not convicted in adult court, the arrest, detention, and any further action in the case is treated as if it never occurred, and the person may answer accordingly to any questions on the occurrence of the arrest, detention, or criminal proceedings included in the sealed record.

The same result applies to the sealed records of a misdemeanor conviction, felony arrest, or other official records of a minor who was treated as an adult for a first offense.

The official records include records of the arrest resulting in the criminal proceeding and records of other offenses charged in the accusatory pleading.

Juvenile court records that are sealed are deemed never to have occurred. These records include arrest records relating to the case in the custody of the California juvenile court, the probation officer, or any other agency, including law enforcement agencies and public officials who have the records.

Sealing and Destroying Records Held by Police and Probation

A minor may also have his or her arrest and citation records destroyed if no petition to adjudge the minor a ward of the court was ever filed, or if such a pleading or petition was filed but not sustained.

A written request to the law enforcement agency and probation officer to destroy the records must be made. The law enforcement agency, probation officer and the the district attorney must agree the minor was factually innocent of the charges before the records are sealed and destroyed.

If you have a juvenile case in California, contact Gold, Leftwich & Wagner - Los Angeles Criminal Defense Attorneys and get advice from a former Juvenile Court Commissioner.