If you have a sustained petition in juvenile delinquency court you may wish to have your “record sealed.” Under Welfare and Institutions Code Section 781 a person may petition the court to have their record sealed. This effectively erases your prior case and may be required for employment or to enlist in the United States military. If your juvenile record does not have any serious or violent sustained felonies you probably will be able to have it sealed.
Juveniles are not “found guilty.” As mentioned above, the correct terminology is “sustained” petitions or charges. Several different agencies may have records of them. A record seal will result in each of them receiving an order from the court directing them to “seal” the records. The judge will also declare, if the record seal is granted, that the charges for all intents and purposes “never happened.” Court records, sheriff, police, Department of Justice, and Probation Department records will all be sealed.
Once the records are sealed, a person may legally say that he/she has no prior juvenile sustained charges. (Juveniles don’t have convictions in any case- those only apply to criminal court proceedings and adults). Records are supposed to be destroyed within five years after they are sealed by court orders.
Some people are under the mistaken notion that records are automatically “sealed” or “dismissed” when the person turns 18. However, that is not what the law says. You must petition the court to seal your records.
If you are interested in having your record sealed, you may contact the Law Office of Mark S. Mayfield at (916) 363-1211 or click HERE.