How to “Seal Juvenile Records” in California

Sealing your California juvenile records under Welfare and Institutions Code 781 takes, on average, eight to ten months. You file your petition in the county where the juvenile proceedings took place.

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.

Below, our California juvenile crime defense lawyers answer the following frequently asked questions:

• 1. What does it mean to “seal” a juvenile record?
• 2. Can my juvenile records be opened after they are sealed?
• 3. Do sealed records get destroyed?
• 4. What are the benefits of sealing juvenile records?
• 5. What are the eligibility requirements?
• Additional Resources

1. What does it mean to “seal” a juvenile record?

When the court grants your petition to “seal” these records under Welfare and Institutions Code 781, it closes your file so that the documents in it essentially cease to exist. They are no longer public records.¹

The whole point of the process is to alleviate further stigmatization of a former juvenile offender. So, after you seal your juvenile records, you can answer “no” if you are ever asked:

1. If you were ever arrested,
2. If you have a criminal record, or even
3. If you have a sealed record.²

Your California juvenile record comprises every report and court record concerning any criminal activity you were involved in as a minor (that is, while you were under 18).  This includes:

• arrest reports,
• judge’s findings and rulings,
• exhibits, and
• probation reports.

Technically, juvenile court proceedings aren’t even considered “criminal” in nature. This means that if you were found guilty and declared a “ward of the juvenile court,” you do not actually have a criminal conviction on your record. So even if your juvenile records are not sealed, you could still legally say you’ve never been convicted of a “crime.”³

However, as Riverside criminal defense attorney Michael Scafiddi⁴ explains,

“Technically, under the law you don’t need to report juvenile convictions if you are asked about your criminal record. But following the letter of the law here could land you in trouble if a prospective employer, state licensing agency, lending agency or school later discovers your record and believes you were being deceitful. That’s why it’s advisable to take the legal steps necessary to seal your juvenile record under WIC 781.”

2. Can my juvenile records be reopened after they are sealed?

There are two situations in which your juvenile record may be reopened even after it has been sealed:

1. If you are a party to a defamation civil lawsuit, your juvenile record may be opened and admissible as evidence during the proceedings. Once the lawsuit is resolved, the records will once again be sealed.⁵
2. The California Department of Motor Vehicles (DMV) may allow automobile insurance adjustors to inspect your driving record in order to evaluate your insurance eligibility and risk. This is the only reason the DMV may release this type of information.⁶

A prosecutor may also access a sealed juvenile record to locate and disclose exculpatory evidence in a criminal case. (See AB 2952).

3. Do sealed records get destroyed?

Most likely, yes. Unless the court determines that your juvenile court record should be retained (which would only be in extraordinary circumstances) it will order your sealed juvenile records to be destroyed at either of the following times:

1. Five (5) years after the judge ordered your record sealed if you were declared a ward of the court for being “habitually disobedient or truant,” or
2. When you turn 38 if you were declared a ward of the court for engaging in criminal activity.⁷

4. What are the benefits of sealing juvenile records?

There are several benefits to sealing your California juvenile record under Welfare and Institutions Code 781 WIC. The most significant benefits include:

• You will be able to state truthfully that you have no criminal history, which opens doors for employment, licensing, loan, educational and other opportunities;⁸
• Prospective employers may not discriminate against you for having–or even inquire about–a sealed juvenile record.⁹
• You will no longer need to register as a sex offender under Penal Code 290 PC if you were required to register based solely on a juvenile conviction;¹⁰ and
• You will experience the personal satisfaction of knowing that you have a “fresh start” in life and will no longer be haunted by your juvenile mistakes.

5. What are the eligibility requirements?

You will be eligible for WIC 781 juvenile record sealing if all of the following are true:

1. You are 18 years or older now OR the jurisdiction of the juvenile court terminated at least five (5) years ago;
2. You have not been convicted as an adult of any felony or any misdemeanor that involves “moral turpitude”(“moral turpitude” means dishonest or immoral behavior, and crimes involving moral turpitude include theft crimes, fraud crimes, certain sex offenses, and certain drug offenses);
3. The court believes you have been rehabilitated; AND
4. There is no pending civil litigation arising from any of your juvenile incidents.¹¹

However, you are ineligible to have your juvenile record sealed if you were convicted of an offense listed in California Welfare and Institutions Code 707(b) after you turned 14 years old.¹²

Additional Resources

You can find help and guidance at the following:

• Center of Juvenile and Criminal Justice – A nonprofit with the mission of reducing society’s reliance on incarceration as a solution to social problems.
• Ella Baker Center Books Not Bars Campaign – An organization that works to shift resources from punishment and towards rehabilitation.
• Youth Law Center – Advocates working to transform foster care and juvenile justice systems.
• Juvenile Law Center – Nonprofit, public interest law firm working to lessen the harm of the child welfare and justice systems.

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