Juvenile Record Sealing Eligibility Checklist

HOW DO I DETERMINE IF I AM ELIGIBLE FOR RELIEF UNDER CALIFORNIA LAW?

California law states that you can have your juvenile recod sealed five years or more after juvenile court jurisdiction has ended or after you have reached the age of 18, whichever comes first. You may be eligible to petition the court for a sealing of your case if you have successfully completed your probation and satisfied all the terms and conditions of probation stated in your case (paid all restitution and fines, completed all court ordered classes, completed all community service, work release, or county jail sentence). You must not have been convicted, as an adult, of any felony of any misdemeanor involving crimes such as theft, fraud, sex, or drugs. You must be able to show the Court that you have been rehabilitated, that your case started and ended in juvenile court, and you do not have any civil actions pending against you regardin the actions that caused your juvenile record.

A simple way to determine if you qualify to have your California juvenile record sealed is to review the requirement checklist of California Welfare and Institutions Code section 781:

  • Are you over the age of 18? (Could have been filed as a misdemeanor or felony)
  • Have you continued to maintain good behavior since completing your probation?
  • Have you been rehabilitated?
  • Have you paid all fines and restitution owed to the Court as an adult or juvenile?
  • Are you now on probation for any offense?
  • Are you currently charged with committing any offense?
  • Did your juvenile conviction involve murder, attempted murder, voluntary manslaughter, arson, robbery, certain sex offenses, kidnapping, certain types of assault, or any violent felony? (See full list of 707(b) excluded offenses below).

If you answered the first four questions YES, and the following three questions NO, you may be eligible to seek California Juvenile Record Sealing.

ARE THERE ANY VIOLATIONS THAT ARE NOT ELIGIBLE FOR CALIFORNIA JUVENILE RECORD SEALING?

Pursuant to California Welfare and Institutions Code section 781:, defendants are ineligible to seek Californa juvenile record sealing relief for convictions of violating any of the following sections:

  • Murder
  • Arson
  • Robbery
  • Rape with force or violence or threat of great bodily harm
  • Sodomy by force, violence, duress, menace, or threat of great bodily harm
  • Lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code
  • Oral copulation by force, violence, duress, menace, or threat of great bodily harm
  • Any offense specified in subdivision (a) of Section 289 of the Penal Code.
  • Kidnaping for ransome, purpose of robbery, or kidnaping with bodily harm
  • Attempted Murder
  • Assault with a firearm or destructive device.
  • Assault by any means of force likely to produce great bodily injury
  • Discharge of a firearm into an inhabited or occupied building
  • Any offense described in Section 1203.9, 12022.5, or 12022.53 of the California Penal Code
  • Any felony offense in which the minor personally used a weapon
  • Any felony offense described in Section 136.1 or 137 of the Penal Code
  • Manufacturing, compounding, or selling one-half ounce or more of any salt or solution of a controlled substance
  • Any violent felony
  • Escape, by use of force or violence, from any county juvenile hall, home, ranch, camp, or forestry camp where great bodily injury is intentionally inflicted upon an employee of the facility during the commission of the escape..
  • Torture
  • Aggravated mayhem
  • Carjacking while armed with a dangerous or deadly weapon
  • Voluntary Manslaughter.

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