For young people, making mistakes is often a part of growing up, but when those mistakes lead to a criminal record, they can have long-lasting consequences that affect education, employment, and housing opportunities. Juvenile record expungement offers an essential opportunity for young individuals to move forward without the burden of a criminal record following them into adulthood. In California, the state recognizes that juveniles should not be unfairly held back for youthful mistakes, and provides mechanisms for expungement, allowing them a second chance.
What is Juvenile Expungement?
Juvenile expungement is a legal process in California that allows individuals with certain juvenile convictions to clear their records. Once expunged, a juvenile criminal record is typically sealed and destroyed, meaning it is no longer available to the public or accessible by most employers, landlords, or schools. Juvenile records include any arrest, charge, or court ruling that occurred while the individual was under the age of 18.
Expungement essentially erases the legal stigma that comes with having a juvenile criminal record. Once the record is expunged, the individual can legally answer “no” when asked if they have been convicted of a crime on most job, school, or housing applications.
Eligibility for Juvenile Record Expungement
Not all juvenile records are eligible for expungement. In California, eligibility is governed by California Welfare and Institutions Code § 781, which outlines several factors that determine if a juvenile record can be sealed and destroyed:
- Completion of Probation: The individual must have successfully completed any probation imposed by the juvenile court.
- Age: Typically, the individual must be at least 18 years old or, if under 18, it must be at least five years since the case was completed, including any probation terms.
- No Adult Convictions: The individual must not have been convicted of any crimes as an adult involving moral turpitude (serious crimes such as fraud or theft) since the juvenile case.
- No Subsequent Offenses: If the individual has committed a crime after the juvenile offense, it may disqualify them from expungement.
- Serious Offenses: Certain serious offenses, such as murder or certain sex offenses that would be classified as a felony if committed by an adult, are not eligible for expungement under the California Welfare and Institutions Code § 707(b).
- Juvenile Court Supervision: Expungement applies to cases in which the juvenile was under the supervision of a juvenile court. If the case was transferred to an adult court, the process of clearing the record might follow different rules.
The Expungement Process
The process for expunging a juvenile record in California typically involves several key steps:
- Filing a Petition: The individual or their attorney must file a petition for expungement with the juvenile court that handled the original case. The petition requests that the court seal the records related to the juvenile offense.
- Review by the Court: Once the petition is filed, the court will review the individual’s eligibility, including any criminal history, compliance with probation, and behavior since the conviction.
- Hearing (if required): The court may schedule a hearing, although it is not always necessary. If the court does hold a hearing, it will consider factors such as the individual’s rehabilitation and the nature of the original offense.
- Court Ruling: If the court grants the petition, the juvenile record will be sealed. After a certain period (typically five years), the record may be destroyed completely.
- Notification to Agencies: The court will notify law enforcement agencies and other government bodies that the record has been sealed, ensuring the juvenile record is no longer available for public view or background checks.
Benefits of Juvenile Record Expungement
Expunging a juvenile record has several significant benefits:
- Employment Opportunities: One of the most important benefits of juvenile expungement is that it allows individuals to pursue job opportunities without the stigma of a criminal record. Most employers cannot access expunged juvenile records, and individuals can legally state they have not been convicted of a crime on most job applications.
- Educational Opportunities: Colleges, universities, and vocational schools often ask applicants if they have a criminal record. Expunging a juvenile record removes the requirement to disclose any convictions, increasing the chances of acceptance.
- Housing: Many landlords run background checks before renting properties. Expunging a juvenile record ensures that past mistakes will not prevent individuals from finding housing.
- Professional Licensing: Expungement can make it easier to obtain professional licenses, which are often required for careers in healthcare, law, and other regulated fields.
- Peace of Mind: Juvenile expungement provides individuals with a sense of closure and the knowledge that their past will not continue to affect their future.
Limitations of Juvenile Record Expungement
While juvenile expungement offers many benefits, it is important to understand its limitations:
- Federal and Immigration Matters: Juvenile records that are expunged under California law may still be accessible in federal immigration proceedings or other federal contexts.
- Subsequent Criminal Behavior: If the individual commits a crime after their juvenile record has been expunged, the expunged juvenile record can sometimes be used by the court to influence sentencing.
- Law Enforcement Access: Although expunged records are sealed, they may still be available to law enforcement agencies in certain situations, particularly for future criminal investigations.
- Certain Offenses Are Not Eligible: Serious and violent felonies committed as juveniles, such as murder or certain sexual offenses, are not eligible for expungement.
Legal Grounds for Juvenile Record Expungement
Juvenile expungement in California is governed by several statutes, including:
- California Welfare and Institutions Code § 781: This statute governs the process for sealing and expunging juvenile records. It outlines the criteria for eligibility and the procedural steps required to file a petition.
- California Welfare and Institutions Code § 707(b): This section lists the serious felonies committed by juveniles that are ineligible for expungement, such as murder, rape, and other violent crimes.
- California Penal Code § 1203.4: While this section applies primarily to adult expungement, it may influence juvenile cases in certain circumstances where the individual was tried as an adult.
The Role of an Attorney in Juvenile Expungement
While it is possible to file for juvenile record expungement on your own, working with an experienced expungement attorney can significantly improve your chances of success. An attorney can help you gather the necessary documentation, file the petition correctly, and represent you at any hearings. They will also help ensure that your rights are protected throughout the process and that the expungement is properly reflected in all relevant records.
Conclusion
Juvenile record expungement offers young people the opportunity to move forward with their lives without the shadow of a criminal record. By clearing past mistakes from their record, individuals can pursue education, employment, and housing opportunities that might otherwise be closed to them. While the process has its limitations, the benefits far outweigh the drawbacks for those who qualify. With the guidance of an experienced attorney, juvenile record expungement can provide a fresh start and allow young people to focus on building a successful future.
Citations
- California Welfare and Institutions Code § 781
- California Welfare and Institutions Code § 707(b)
- California Penal Code § 1203.4