California Motion To Seal Juvenile Records

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Multi-State
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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

The court may make any reasonable order for the care, supervision, custody, conduct, maintenance, support, and medical treatment of a child adjudged a ward of the court.

However, that's not the case in California, where the court does not automatically seal juvenile records. That means your record will remain available for anyone to access unless you proactively seek out a judicial order to have it sealed.

A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.

Contrary to common misperception, juvenile records are not automatically sealed once you turn 18 unless you obtain a judicial order to seal and destroy them under WIC 781.

You are eligible to seal your juvenile record in California if three conditions are met: You are 18 or older, or five years have passed since the jurisdiction of the juvenile court terminated; You have not been convicted of a felony or a misdemeanor involving moral turpitude as an adult; and.

You do not need to report sealed juvenile records on your job, school, or other applications. There may be an exception to this if you want to join the military or get a federal security clearance. If you need advice or have more questions about what the employer might be able to see or use, talk to a lawyer.

This rule is intended to describe the legal process by which a person may apply to petition the juvenile court to order the sealing-that is, the prohibition of access and inspection-of the records related to specified cases in the custody of the juvenile court, the probation department, and other agencies and public ...

The probation officer's report on the behavioral patterns and social history of the youth must be furnished to the youth, the parent or guardian, and all counsel at least two court days before commencement of the hearing on the motion.

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California Motion To Seal Juvenile Records