CHILDREN AND THE LAW
...Delinquency Matters
......Confidentiality of Juvenile Proceedings
.........Access to Records: Sealing
............Statutory Authority/In General
 24 Cards On This Topic:
  • Sealing of records; access.
  • Procedures for dealing with confidential court records.
  • 5 years after juvenile court intervention or jurisdiction, or after attaining age 18, minor may petition to seal record.
  • Minor convicted of offense listed in W&IC §707 (b) may have records sealed under some circumstances, but prosecuting attorney may still access in some circumstances.
  • Clerk of juvenile court must advise minor of right to have record sealed.
  • Who may inspect juvenile court records.
  • Juvenile court records should be confidential; exception in cases involving felonies or specified misdemeanors where the information shall be provided to school officials.
  • Notice to sheriff re felony findings; confidentiality.
  • Person may petition court for removal of misdemeanor committed as a minor from official record.
  • W&IC §786(e), providing for sealing of all records related to dismissed or unsustained petitions, applied to minor's case because it was not final and pending on appeal.
  • Under W&IC §786, ward who successfully completes probation is entitled to sealing of all juvenile ct. records and all other records held by DOJ and other agencies regarding the ward's case.
  • There is no statutory exception for the release of information from a sealed juvenile delinquency file to a third party criminal defendant, and courts cannot create one.
  • Sealing of records under W&IC §781 requires that all minor's offenses be eligible for sealing; selective expungement is not allowed.
  • Juvenile ct. has discretion to find that a record of an adjudication for assault with a deadly weapon is ineligible for sealing under W&IC §707(b)(14).
  • Minor who successfully completes an informal program of supervision after a delinquency petition has been filed against him is entitled to have his records sealed.
  • Juvenile court properly refused to seal records pertaining to a prior petition against M when she only satisfactorily completed probation for an offense alleged in a later-filed petition.
  • Juv. court correct that it had no authority under W&IC 751 to seal G.Y.'s juvenile records despite overwhelming evidence of his rehabilitation; it is for the Legislature "to remedy this unjust result."
  • In deciding whether or not to seal juvenile records, court should consider the seriousness of the juvenile offenses as well as evidence of rehabilitation.
  • 4th Amendment does not preclude collection of DNA samples in accordance with PC 296 (a)(1) from juvenile adjudicated under W&IC 602 for committing a felony.
  • M who was over 14 when he committed murder not entitled to have records sealed after Prop 21 amendment to W&IC 781.
  • Absent statutory authority for court action, order sealing records exceeds court’s jurisdiction.
  • 5 year waiting period for sealing of juvenile court records does not violate due process clause.
  • Record sealing not necessary to protect juvenile detained but never subject of wardship proceedings from disclosure of detention to third parties.
  • Cards discussing access to records in general.


    •