SEALING YOUR JUVENILE RECORDS

Similar documents
Sealing Your Juvenile Records

Why should you read this?

MARIN COUNTY SHERIFF'S OFFICE GENERAL ORDER. DATE Chapter 5- Operations GO /11/2014 PAGE 1 of 6. Immigration Status (Trust Act implementation)

RECORD SEALING INFORMATION SHEET

Immigration Violations

2012 FELONY AND MISDEMEANOR BAIL SCHEDULE COUNTY OF IMPERIAL

SENATE BILL No Introduced by Senators Lara and Mitchell. February 16, 2018

TIER 2 EXCLUSIONARY CRIMES

UNIFORM FELONY BAIL SCHEDULE (PENAL CODE)

PC: , 457.1, 872, CVC: (C) TITLE 8: INMATE RELEASE I. PURPOSE:

5. If I m in jail and my case is reduced from a felony to a misdemeanor, will I get out of jail?

The Three Strikes Reform Act of 2006.

CHAPTER Committee Substitute for Senate Bill No. 1282

Criminal Offenses Requiring Denial, Suspension, or Revocation of Teaching Credentials

Let others know about the FREE legal resources available at LA Law Library. #ProBonoWeek #LALawLibrary

Felony and Misdemeanor Bail Schedule

SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE

Fresno USD DIVISION OF HUMAN RESOURCES HR 2701 FINGERPRINT REQUIREMENTS / CRIMINAL CONVICTIONS THAT EXCLUDE SCHOOL EMPLOYMENT

Relevant Facts Penal Code Section (aka expungements ) Penal Code Section 17(b), reduction of felonies to misdemeanors Proposition 47 Prop 64

2016 UNIFORM BAIL SCHEDULE (Felony and Misdemeanor) SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

FELONY BAIL SCHEDULE

2018 UNIFORM BAIL SCHEDULE (Felony and Misdemeanor) SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

WELCOME (Time Check: 2 minutes) INTRODUCTION (Time Check: 3 minutes)

CONTRA COSTA COUNTY FELONY BAIL SCHEDULE JANUARY 1, 2013

Determining Eligibility for Expungements & Penal Code 17(B) Reductions. Expungements and Prop 47 Clinic Training Training Module 1

FELONY BAIL SCHEDULE JANUARY 2018

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 966 SUMMARY

FELONY BAIL SCHEDULE

Select Florida Mandatory Minimum Laws

CHAPTER Committee Substitute for Senate Bill No. 228

San Bernardino County 2002 Felony Bail Schedule

87355 (Cont.) RESIDENTIAL CARE FACILITIES FOR THE ELDERLY Regulations

FELONY BAIL SCHEDULE

Section: C. To provide direction regarding inmate interviews w/ immigration officials (e.g. DHS or ICE officers).

NEVADA COUNTY SHERIFF S OFFICE

Colorado Legislative Council Staff

1 California Criminal Law (4th), Crimes Against the Person

THE SERVICE OF SENTENCES AND CREDIT APPLICABLE TO OFFENDERS IN CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS

VIRGINIA DEPARTMENT OF SOCIAL SERVICES Page 1 of 8 (Model Form)

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. Senate Bill 1007 SUMMARY

Juvenile Scripts SCRIPT FOR DETENTION HEARING...2 SCRIPT FOR AN ADJUDICATION HEARING IN WHICH THE RESPONDENT PLEADS TRUE...7

CERTIFICATION PROCEEDING

Sentencing Factors that Limit Judicial Discretion and Influence Plea Bargaining

Superior Court of California County of Sacramento. Felony & Misdemeanor Bail Schedules

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 113

San Bernardino County 2013 Felony Bail Schedule

CONTRA COSTA COUNTY FELONY BAIL SCHEDULE JANUARY 1, 2018

For the purposes of this article, the following terms have the following meanings:

Summary: First Step Act, S. 756 (115th Congress, 2018)

Date Jan. 5, 2016 Original X Amendment Prepared: Bill No: HB 037 Correction Substitute. APPROPRIATION (dollars in thousands)

BARRIER CRIMES FOR CHILD DAY PROGRAMS

HOUSE AMENDMENT Bill No. HB 737

SWORN STATEMENT OR AFFIRMATION FOR CHILD-PLACING AGENCIES Please Print

Municipal Police Officers' Training Academy Application

DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY

San Bernardino County 2018 Bail Schedule

Sexually Violent Predator Evaluations

SWORN STATEMENT OR AFFIRMATION FOR CHILD DAY PROGRAMS Please Print. Last Name First Middle Maiden Social Security Number

Age Limits for Juvenile Law. Maneuvering through the labyrinth of the juvenile justice system begins with a

Criminal Record Clearing in a Nutshell

CONTRA COSTA COUNTY FELONY BAIL SCHEDULE JANUARY 1, 2016

Unintended Impacts of AB 109, Proposition 47 & 57

VIRGINIA ACTS OF ASSEMBLY SESSION

Families Against Mandatory Minimums 1612 K Street, N.W., Suite 700 Washington, D.C

CHAPTER Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 165

SWORN STATEMENT OR AFFIRMATION FOR CHILD DAY PROGRAMS Please Print. Last Name First Middle Maiden Social Security Number

CHAPTER Senate Bill No. 808

STATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE. Sponsored by: Assemblyman ANTHONY M. BUCCO District 25 (Morris and Somerset)

SCHEDULE OF LESSER INCLUDED OFFENSES COMMENT ON SCHEDULE OF LESSER INCLUDED OFFENSES

PRISON LAW OFFICE. General Delivery, San Quentin CA Telephone (510) Fax (510)

PRACTITIONER 1. the FEATURED IN THIS ISSUE: Winter 2018 Volume 24, Issue 1. Increasing Clientele with Little Costs Three Easy Tips to Follow

LITIGATING JUVENILE TRANSFER AND CERTIFICATION CASES IN THE JUVENILE AND CIRCUIT COURTS

HOUSE BILL No December 14, 2005, Introduced by Rep. Condino and referred to the Committee on Judiciary.

COLLEGE OF CENTRAL FLORIDA ADMINISTRATIVE PROCEDURE

For Informational Purposes (916) July 15, 2011

Criminal Gangs/Gang-Free Zones

SENATE BILL No. 54. December 5, 2016

Dear Prospective Applicant:

Be It Enacted by the Legislature of the State of Florida:

Penal Code Offenses.. 1. Health & Safety Code Offenses..7. Vehicle Code Offenses...9. Welfare & Institutions Code..9

California Department of Justice - Criminal Justice Statistics Center. Data Characteristics and Known Limitations Charges Criminal Justice Glossary

A Bill Regular Session, 2017 SENATE BILL 20

RECOMMENDATION TO THE LEGISLATURE OF ALASKA FROM THE ALASKA CRIMINAL JUSTICE COMMISSION

18 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

DETERMINATE SENTENCING

4B1.1 GUIDELINES MANUAL November 1, 2014

For the purposes of this agreement, a person commits assault in the third degree if that person:

CHAPTER Senate Bill No. 1768

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 667

Summer Science Camp Volunteer Counselor 2018 Application CHECKLIST

Date Jan. 7, 2016 Original X Amendment Prepared: Bill No: HB 056 Correction Substitute. Agency Code: 264. APPROPRIATION (dollars in thousands)

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

Who Is In Our State Prisons?

Page Page Page Page V. VI. VII.

THE ABC S OF CO AND ACCA FEDERAL PUBLIC DEFENDER CJA PANEL SEMINAR DECEMBER 15, 2017

GOLDEN OAKS VILLAGE GENERIC JOB APPLICATION FORM

FOUR EASY STEPS TO UNDERSTANDING DETERMINATE SENTENCING LAW

Assembly Bill No. 579 Select Committee on Corrections, Parole, and Probation

Bail Reform in NJ HOW WILL IT AFFECT FOREIGN NATIONALS? NO ONE REALLY KNOWS HOW IT WILL AFFECT ANYONE YET!

Third District Court of Appeal State of Florida, January Term, A.D. 2009

Transcription:

SEALING YOUR JUVENILE RECORDS What are my Juvenile Records? The documents and Court Orders in your juvenile court file which relate to your case. Some juvenile records might also be kept by the Probation Department, the Police or the District Attorney. What does it mean to Seal my Juvenile Records? Sealing means that records held by the police, the court, the District Attorney, and/or Probation will be treated as if they never existed. If someone asks about a sealed case, the law says the agency has to answer there is no record of that matter. When a matter is sealed you can say you were never arrested or adjudicated for that case. Sealing your record lets you start with a clean slate. Note: A juvenile adjudication is not the same as a conviction. If you are asked on a job application if you were convicted of a crime, the truthful answer is no even if you have not sealed your record. Note: Once your record is sealed by the court, you can say you have never been arrested of a crime. However, if your record is not sealed, you must answer yes. Am I Eligible to Seal my Juvenile Record? YES if: You are 18 years old or You are not 18 years old but 5 years have passed since your probation ended. (Example: You finished probation at age 12 and you re now 17) You have not been convicted of a Felony or a Crime of Moral Turpitude since your last arrest or termination of probation. Moral Turpitude means a crime that is contrary to community standards for morals or honesty. For example, crimes involving fraud, theft, or drugs are considered crimes of moral turpitude. Your case began and ended in Juvenile Court. AND: NO if: There is no civil litigation regarding your Juvenile Court case. You were at least 14 years old and adjudicated for a Welfare and Institutions Code 707(b) offense (a list is attached). You cannot seal traffic matters or parking tickets. 1

How Do I Seal my Records? You must file a Petition to Seal Juvenile Records. In Los Angeles County, the Petition can be requested by mail or in person. Send a written request and a self-addressed stamped envelope to: 1601 Eastlake Avenue, Room J Los Angeles, CA 90033-1094 Attn: Sealing Desk 323-226-8926 For cases that are from other counties, you need to call the Clerk of the Court for that County and ask for assistance with sealing your juvenile record. To fill out the Petition, you will need the following information: 1. Case Number 2. JAI Number 3. Date of Arrest 4. Arresting Agency (LAPD, LA Sherriff, Pasadena PD, etc.) 5. Violation (PC 594, HS11550, VC 23152, etc.) 6. Disposition (HOP, SP, CCP, YA, etc.) To find this information, you have a few options. You can call the attorney who represented you or your attorney at one of the Juvenile Public Defender s Offices. The attorney s file will contain all the information you need to complete the petition. If many years have passed since your case, you may need to track down this information by contacting more than one place. Your case number, JAI number, violation and disposition can be found at the Juvenile Clerk s Office or the Juvenile Public Defender s. For the clerk, you will need to make a request in writing or go inperson with an ID. You might be able to get the information over the phone from one of the Juvenile Public Defender s Office. You can access your rap sheet (showing your arrest date and arresting agency) from the Eastlake Juvenile Court Clerk, as well as your case number, location number, and box number. Occasionally, this is enough to complete the sealing petition. Other times, you need to go to Archives to access your MINUTE ORDER, a copy of the court records stating exactly what you were charged with and what the final outcome was of your case. ARCHIVES 222 N. Hill Street, Room 212 8:30 AM to 4:30 PM Located directly across from the Civic Center Metro Stop If you call your attorney and the clerk and still can t find your arrest date or the arresting agency, you may need to contact whatever police agency you think arrested you and ask how to get the information. If you remember where you were arrested, you can ask the police agency if it is in their jurisdiction. Additionally, you may be able to get your arrest record from Eastlake. This can be a lengthy process, especially if many years have passed TRY NOT TO GET FRUSTRATED! Completed Petitions should be hand-delivered or mailed to: 1601 Eastlake Avenue, Room J Los Angeles, CA 90033-1094 Attn: Sealing Desk 2

I Filed my Petition, Now What? The Clerk will schedule a date for the Judge to hear your Petition. It may take as long as a year for you to get a court date. You will be notified of the date by mail. It is not mandatory you attend, but if you can be there, you will have the opportunity to address any concerns which may be raised about your Petition. There may be no concerns raised, but unless you are there, you won t know. It is VERY IMPORTANT to notify the court if you move! If the court grants your Petition, your records will be sealed and all agencies which have evidence of your juvenile court history will be ordered to seal their records. Aren t my Juvenile Records Sealed Automatically When I turn18? NO. Unless your case was handled as Deferred Entry of Judgment (aka DEJ ), you must file a petition to have your records sealed. Deferred Entry of Judgment happens when you admit a charge but you are not adjudicated. After 18 months, if you have completed all the conditions the Judge has ordered, the case is dismissed and the records are ordered sealed by the Judge that day. This happens only in court and only when your case is still open in Juvenile Court. Can My Records be Unsealed? Insurance companies are permitted by the California Department of Motor Vehicles (DMV) to look at these records and assess your insurance rates based on any existing motor vehicle violations. If you commit a crime that qualifies under California s Three Strikes law, your records can be unsealed and the information contained therein may be used to increase your sentence. If you file a suit against someone for defamation of character, your records may be accessed. If you apply for employment with the government, these agencies will be able to access your records. What If I m Still on Probation? If you are still on Probation, make sure you have your Court-Appointed Lawyer s information and your Probation Officer s and/or Social Worker s information. Tell both your Lawyer and Probation Officer that you don t want to leave the system with felonies on your record. If you have some, ask if they can be reduced to a lesser offense before you leave the system. Ask your Lawyer or Probation Officer to fill out a petition to seal NOW, because they will have all the required information. Try to hold on to that petition until you are eligible to have your records sealed. This will save you a lot of time and aggravation later! 3

Important Contact Information Compton Juvenile P.D. (310) 603-7292 Kenyon Juvenile P.D. (323) 586-6116 Los Angeles Police Department (877) 275-5273 Pomona Juvenile P.D. (909) 868-6424 Websites: (323) 226-8926 Lancaster Juvenile Court Clerk (661) 949-6501 Los Padrinos Juvenile Court Clerk (562) 940-8823 Sylmar Juvenile P.D. (818) 364-2133 Inglewood Juvenile P.D. (310) 419-5245 Long Beach Juvenile P.D. (562) 590-8573 Pasadena Juvenile P.D. (626) 356-5464 Arrest Record Requests: CA Dept. of Justice (916) 227-3849 Los Angeles County Sherriff Contact Numbers Website http://lasd.org/lasd_services/lasd_gnrlphone_no.html LA County Juvenile Court Locations http://www.lasuperiorcourt.org/locations/ui/listbyname.aspx Free Legal Help: Alliance for Children s Rights 3333 Wilshire Blvd., Suite 550 Los Angeles, CA 90010 213-368-6010 www.kids-alliance.org Community Career Development, Inc. Wilshire-Metro Worksource Legal Assistance Program 3550 Wilshire Blvd., Suite 500 Los Angeles, CA 90010 213-365-9829 4

WHO DOES NOT QUALIFY TO HAVE THEIR JUVENILE RECORDS SEALED? With few exceptions, you cannot seal your record if you have committed any one of the following offenses when you were 14 or older: Murder (PC 187) or voluntary manslaughter (PC 193) Arson (PC 451) Robbery (PC 211) or bank robbery Rape with force, violence or threat of great bodily harm (PC 261) Sodomy by force (PC 286) Sexually inappropriate act on a child under the age of 14 by act of force (PC 288) Continuous sexual abuse of a child (PC 288.5) Sexual penetration or oral sex by force (PC 288a) Kidnapping for ransom (PC 209) Kidnapping for the purpose of robbery (PC 209) Kidnapping with bodily harm (PC 209) Attempted murder (PC 664) Assault with a deadly weapon (PC 245) Assault by means of force likely to produce great bodily injury* (PC 245) Discharge of a firearm into a building with people in it* (PC 12022.5) Any crime committed against a person 60 or older, blind persons, paraplegics, or quadriplegics (PC 667.9) Any felony offense in which a weapon listed in subdivision (a) of Section 12020 of the Penal Code was used Intimidation of victims or witnesses in violation of Section 136.1 or 137 of the Penal Code. Manufacturing or selling one-half ounce or more of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code Any violent felony or any felony in which great bodily injury is inflicted as defined in subdivision (c) of PC 667.5, which would also constitute a felony violation of subdivision (b) of PC 186.22 Escape, by use of force or violence, from any county juvenile hall (PC 4532) Torture (PC 206) Aggravated mayhem (PC 205) Carjacking (PC 215) Kidnapping, as punishable in Section 208 of the Penal Code Kidnapping during the commission of a carjacking (PC 209.5) Shooting from a vehicle* (PC 12022.55) Assault with intent to commit rape, robbery or oral sex (PC 220) Assault with a deadly weapon on a peace officer (PC 241) Assault with a deadly weapon by an inmate (PC 241) Exploding a destructive device or any explosive with an intent to injure or murder (PC 12303.3) Any burglary in the first degree (PC 460) Selling heroin, cocaine, PCP or any methamphetamine-related drugs to a minor in violation of Section 11380 of the Health and Safety Code Grand theft involving a firearm (PC 487) Throwing acid or flammable substances* (PC 244) Assault with a deadly weapon against a public transit employee, custodial officer, or school employee (PC 241) Rape or sexual penetration in concert with another person (PC 264.1) Criminal threats* (PC 422) Mayhem (PC 203) Any felony or attempt to commit felony punishable by death or imprisonment in state prison for life Any felony in which the defendant inflicts great bodily harm upon a person or uses a firearm. Extortion (PC 518) Any conspiracy to commit an offense describe above Any attempt to commit a crime listed above NOTE: Traffic violations or offenses and parking violations cannot be sealed. * Denotes wobblers, which can be reduced to misdemeanors and then sealed. 5