The law will apply to most non-serious crimes
According to pop culture lure, records of juvenile crimes are automatically sealed and inaccessible — or at least, that is what Law and Order would have us believe. A “sealed” juvenile record means that a case file is closed, and it is no longer a public record. Once it has been sealed, it is no longer accessible to public agencies. This includes various law enforcement agencies, the probation department, the juvenile court and the California Department of Justice (DOJ). However, the idea that juvenile court records were automatically sealed was largely a myth in California — until a new law went into effect on January 1, 2018.
As a Riverside juvenile criminal defense lawyer can explain, an amendment to the Welfare and Institutions Code allows juvenile records to be sealed automatically after a juvenile case is dismissed. A case will be dismissed when the terms of probation or an informal period of probation have been completed successfully. At that point, the judge will order all records related to the dismissed case to be sealed, to be destroyed at a later date specified by the judge. Once the case has been sealed, it essentially no longer exists as a matter of public record.
Having a case sealed is a significant advantage. If your case is sealed, you can then tell employers, colleges and universities and any other person who inquires that you do not have a criminal record. The arrest record and other proceedings will be deemed by the court to have not occurred, so according to a Riverside juvenile criminal defense lawyer, you can apply accordingly.
However, the automatic sealing of juvenile records does not apply in all cases. The court will not automatically seal the record of a juvenile if he or she committed certain crimes at the age of 14 or older. These include serious and/or violent crimes, such as:
- Murder
- Attempted Murder
- Rape with force, violence, or threat of great bodily harm
- Arson
- Robbery
- Kidnapping
- Carjacking
- A “violent felony”
- Voluntary manslaughter
- Aggravated mayhem
In those situations, it is best to consult with an experienced Riverside juvenile criminal defense lawyer to determine what your options are to resolve your case, as well as if there is a possibility of having your record sealed. In certain situations, having your record sealed may not be an option based on the gravity of the crime.
At the Chambers Law Firm, we are highly experienced with the juvenile justice system, and are ready to advocate for the rights of your child. Whether your child has just been charged with a crime or is already involved in the juvenile justice system, our Riverside juvenile criminal defense lawyers are here to help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
