Unfortunately, even after serving your sentence and paying all your dues, a juvenile delinquency record can follow you for the rest of your life and have several negative impacts. A juvenile delinquency record contains all the files related to your case, including investigation exhibits, court rulings, and arrest records.

With this information accessible to the public, including potential employers, it could be challenging to live a comfortable life. While many people assume that the court will seal your juvenile delinquency record once you turn eighteen (18) years, that is untrue.

For a fresh start and to avoid the detrimental consequences of a juvenile arrest or sustained petitions (convictions), you must petition the court to seal your juvenile delinquency record. If you fail to make this petition, your juvenile delinquency record will remain visible and accessible to everyone, including potential employers.

If you want your juvenile delinquency record or your child's sealed in Bakersfield, our profound record-sealing attorneys at California Criminal Lawyer Group would gladly help. We understand how important it is to have records sealed, and we will do everything necessary to convince the court to seal your juvenile delinquency records for a fresh start.

Understanding What it Means to Seal Your Juvenile Delinquency Record

While the purpose of the juvenile delinquency system is to rehabilitate minors and help them grow as law-abiding citizens, an arrest record or sustained petition can negatively affect your future life even if you are well-reformed and rehabilitated. Fortunately, Welfare and Institutions Code (WIC) 781 allows you to petition the court to seal and destroy your juvenile delinquency record.

Once your delinquency record is sealed and destroyed, you can legally answer "no" when asked whether you have an arrest or criminal record. A juvenile delinquency record includes all court records and every piece of information about the offense or delinquent act you committed as a minor, including:

Arrest Records

Once the police legally arrest you as a suspect for any offense, they will require you to pass through the booking and processing procedure, where the officer in charge will take your mugshots, record your fingerprints, and record your name and the allegations you are up against.

If you fail to petition the court to seal your record, this information will remain accessible to the public, negatively affecting many of your plans and goals in life.

Evidence Regarding the Delinquency Case

If you or your defense attorney exchange any evidence with the prosecutor during court hearings, the court will keep this evidence. This evidence includes the items or weapons you allegedly used to commit the crime or the substances involved in drug-related offenses.

Fortunately, once the court seals your record under WIC 781, all this information will be unavailable and inaccessible to most people, including your potential employers.

The Juvenile Court Verdict and Rulings

All court rulings and verdicts are technically logical records. Before obtaining a verdict on your case, you will undergo several court proceedings or hearings, including arraignment and a pretrial hearing. A reliable attorney will access all these records before petitioning the court to seal your juvenile delinquency record.

The juvenile court ruling will remain on your delinquency record, regardless of the judgment or disposition you received. That is why it is important to file a WIC 781 petition regardless of the verdict you received at the adjudication "trial" hearing.

Probation Reports

In most sustained juvenile petitions, the juvenile delinquency court will sentence you to probation. If you received probation as your sentence, you should include probation reports on your WIC 781 petition. These reports help the judge determine whether you complied with the terms of your probation.

Technically speaking, a juvenile adjudication hearing or trial is not considered "criminal." That means even if you have received a sustained petition or guilty verdict at the adjudication hearing, you can legally say you do not have an arrest or criminal record.

What it Means When Your Juvenile Records are Destroyed

Having your juvenile record sealed and destroyed are two distinct issues. That means even when your petition to seal and destroy your juvenile delinquency record is successful, the court could require your records to be retained and not destroyed.

Only unusual circumstances or situations could force the judge to retain your juvenile delinquency records. In most cases, the court will destroy your juvenile delinquency record after sealing it if:

  • The juvenile court judge declared you to be "a ward of the court" due to repeat or habitual truancy or disobedience, and you are eighteen (18) years old.
  • Five (5) years have passed since the court ordered the sealing of the juvenile delinquency records.

Circumstances That Can Make Your Sealed Juvenile Delinquency Record Re-Opened

Under certain circumstances, your sealed juvenile delinquency record could be re-opened. These circumstances include:

  • The DMV (Department of Motor Vehicles) could allow your auto insurer to check or investigate your prior driving history to determine whether you are eligible for auto insurance coverage and if you are a danger on the road when on the wheel.
  • You have a pending defamation lawsuit filed against you. In this case, the prosecution team can re-open your past criminal record, including sealed juvenile records, and use them as evidence against you at trial.
  • The prosecutor could request access to your sealed juvenile delinquency record if he/she needs to disclose or locate exculpatory facts in a case.

Unless, in the above scenarios, your juvenile delinquency record is sealed and destroyed, it will cease to exist on your record forever.

Benefits of Having Your Juvenile Delinquency Record Sealed

You will enjoy several benefits once you have your juvenile delinquency record sealed under WIC 781, including:

  • You can legally say that you do not have a criminal record, which opens several doors for licensing, employment, education, loans, and several other opportunities.
  • Potential employers cannot inquire or discriminate against you based on any sealed juvenile record.
  • You will be relieved from your legal obligation to register and re-register as a sex offender if you have a sustained petition for a sex crime.
  • You will experience and enjoy the satisfaction of having a much-needed fresh start to enjoy life without worrying that a past mistake could haunt you in the future.

Eligibility Criteria for Record Sealing Under WIC 781

Unfortunately, not every person is eligible for record sealing. Generally speaking, to qualify for record sealing under this statute, your defense attorney must have evidence to prove the following facts in court:

  1. You are Eighteen (18) Years or Older

To qualify for record sealing under WIC 781, your defense attorney must prove that you are eighteen or older and that the juvenile delinquency court's jurisdiction over your case ended at least five years ago.

  1. You are Well-Rehabilitated and Reformed

Once you petition the court to seal your juvenile delinquency record, the judge could require information regarding your rehabilitation to know whether there are chances that you will commit another crime. That is particularly true if you have a sustained petition for a severe or violent offense like rape or theft.

In that situation, the court would want your attorney to prove that you are well-reformed and are a law-abiding citizen before sealing your juvenile record.

  1. You Do Not Have a Conviction for a Crime That Involves Moral Turpitude

Typically, moral turpitude is a legal term for dishonest, negligent, or immoral behavior. The juvenile court will not seal your juvenile delinquency record if you have a conviction for any crime that involves moral turpitude as an adult. Some of these offenses include (but are not limited to) the following:

Murder

You commit the crime of murder when you kill another person or fetus. If you are guilty of murder under Penal Code 187, your sentence could include up to 25 years or life in prison. If you have a sustained petition for a PC 187 violation, you will be ineligible for juvenile record sealing under WIC 781.

Rape

According to PC 261, you commit a rape offense when you use threats, fraud, or force to have non-consensual sexual intercourse with another person. A conviction under this statute is a felony and could attract up to eight (8) years of jail time. If you have a sustained juvenile petition or conviction for a rape offense, you will be ineligible for record sealing under WIC 781.

Child Abuse

Child abuse is another common offense that can make you ineligible to seal your juvenile record under WIC 781. According to PC 273(d), you commit the offense of child abuse when you willfully and knowingly inflict inhuman corporal punishment or an injury on a child, resulting in a traumatic condition.

If you have a sustained petition for any of the above crimes, you should consult with your attorney to know your options because they will hinder you from sealing juvenile records.

  1. You Have No Unresolved Civil Lawsuits Arising from Juvenile Delinquency Cases

You will be ineligible for juvenile record sealing under WIC 781 if you have unresolved civil lawsuits arising from your past delinquency cases. Before petitioning the juvenile delinquency court to seal your juvenile record, you must ensure that you do not have any pending lawsuits against you arising from your juvenile cases.

In addition to these eligibility criteria, PC 851.7 addresses another class of individuals who could qualify for juvenile delinquency record sealing under WIC 781. Generally speaking, you could qualify to have your juvenile delinquency record sealed if, while you were under 18, you had an arrest for any misdemeanor criminal offense and the following occurred:

  • The court released you to go free because the prosecutor lacks sufficient evidence to hold you in legal custody for the charges.
  • The court dismissed or dropped your charges without a conviction.
  • The judge acquitted you of the charge.

Under these circumstances, you can petition the juvenile court to seal and destroy your juvenile delinquency record, even if you are not yet eighteen years old.

WIC 707(b) Offenses That Will Make You Ineligible for Juvenile Record Sealing Under WIC 781

While the juvenile court judge will generally require you to meet the above eligibility criteria to qualify for juvenile delinquency record sealing, certain severe offenses listed under WIC 707(b) will disqualify you from this post-conviction relief option.

If the juvenile delinquency court sustains a prosecutor petition against you for a WIC 707(b) offense after turning fourteen (14) years old, you will be ineligible for juvenile record sealing under WiC 781. Below are a few examples of WIC 707(b) offenses or delinquent acts that will disqualify you from having your delinquency record sealed:

Carjacking

Carjacking is a felony offense codified under PC 215. According to this statute, you commit a carjacking offense when you take another person's vehicle using threats, fear, or force.

Arson

You could be guilty of felony arson under PC 451 if the prosecution team can prove that you maliciously and willfully set fire or aided or caused another person to burn another person's property, structure, or forest land.

Attempted Murder or Murder

You could be guilty of attempted murder if the prosecutor can prove that you had the intention to kill another person or fetus and did take direct steps to do so, but the victim did not die. On the other hand, you commit the offense of murder when you unlawfully kill another person or fetus with malice aforethought.

Robbery

Robbery is another severe offense that will make you ineligible for juvenile delinquency record sealing under WIC 781. According to PC 211, you commit a robbery offense when you use threats or force to take property or goods directly from another individual against his/her will.

Torture

According to PC 206, it is illegal to inflict severe physical injury on another person with the criminal intent to make them suffer or experience extreme pain for extortion, revenge, persuasion, or any other sadistic reason.

Juvenile Delinquency Record Sealing Legal Process

Before filing your WIC 781 petition, you should understand the entire legal process involved. Your defense attorney can help you determine whether you are eligible for record sealing under WIC 781 and walk you through every part of the process to secure a desirable outcome. Sealing juvenile delinquency records is a multistep process that involves the following:

  1. Petitioning the Juvenile Court to Seal and Destroy Your Juvenile Delinquency Records

Your defense attorney can help you prepare and file your WIC 781 petition, requesting the juvenile court judge to seal and destroy your juvenile delinquency records. Since it is the backbone of the case, your defense attorney must ensure all the details and evidence required are attached to the petition and are non-erroneous.

Your WIC 781 petition should also specify the conviction or criminal record you want the court to seal and arguments supporting the idea or request. The juvenile court will check your juvenile delinquency record to ascertain if the information in your petition is correct and precise. You should file your WIC 781 petition on time to avoid unnecessary inconveniences.

  1. Attending a Court Interview

When the court receives your WIC 781 petition, it will schedule an interview that you or your defense attorney can attend. During this interview, the judge presiding over the case will pose crucial questions regarding the case to determine whether you comprehend the primary purpose of petitioning the court to seal your juvenile delinquency records.

  1. Knowing Your Court-Hearing Dates

Once the juvenile court decides the ideal date for the hearing, it will send you a formal notice via mail or message to inform you of the date. With the legal help of your attorney, the juvenile court could agree to modify the date if unforeseen situations or circumstances occur and you believe it could make it impossible to show up for the hearing.

While it is rare, the court could hold the hearing without your presence as long as your attorney is available to represent your best interests.

  1. The Hearing

During this formal hearing, the juvenile court will keenly listen to your attorney's arguments and evidence to support your WIC 781 petition. This hearing could become more complex when the specific prosecutor who presided over the case challenges your WIC 781 petition. For instance, he/she could challenge your petition by arguing that your delinquent act or offense was severe.

Therefore, the juvenile court should not seal or destroy your juvenile delinquency records for future use or reference. However, if you have an aggressive and seasoned attorney, he/she will know how to challenge or weaken the prosecutor's argument in that situation. For instance, your defense attorney can argue that you are now rehabilitated, reformed, employed, and a law-abiding citizen.

Once the court listens to the prosecutor's evidence and your attorney's arguments, he/she will either do the following:

  1. Grant Your WIC 781 Petition

When the juvenile court grants your WIC 781 petition, it will send a copy of the order to all agencies with access to your records, instructing them to destroy them.

  1. Deny Your WIC 781 Petition

The court could decide to deny your WIC 781 petition under certain circumstances. For instance, when the prosecutor argues with sufficient evidence that your offense was severe and it is necessary to keep it on record for future reference, the court could deny your petition. When that happens, you should know why and file a WIC 781 petition again later.

Why it is important to Have an Attorney When Petitioning the Court to Seal Your Juvenile Delinquency Record

There is no guarantee that the juvenile court will grant your WIC 781 petition, but you can increase your chances of obtaining favorable results when you retain the services of an attorney. While you can file a WIC 781 petition without an attorney, it is important to work with one because he/she can do the following:

  1. Advise You of Your Legal Rights

Understanding your legal rights when dealing with prosecutors and judges is crucial. Once you hire an attorney, he/she will ensure you understand your constitutional rights through every stage of the juvenile record-sealing process.

  1. Help You Prepare Your WIC 781 Petition

As mentioned above, the WIC 781 petition is the backbone of your record-sealing case. Therefore, your petition must be complete and detailed to qualify for juvenile record sealing under this statute. If your WIC 781 petition is incomplete or you attached erroneous information or evidence, the court will likely deny your petition.

That is why an attorney's services are important. The attorney you will hire will ensure your petition is complete with all the information necessary to convince the court to seal your juvenile delinquency records.

  1. Attend the Scheduled Court Hearings

Unless your presence in court is necessary, your attorney can attend the scheduled hearing on your behalf and provide arguments and evidence to convince the court to seal your juvenile delinquency records for a fresh start.

As you can see above, sealing a juvenile record is a multistep process with various legal complexities. Without a reliable attorney, convincing the court to seal your record under WIC 781 could be challenging, especially if you are not an attorney.

Factors to Consider When Finding an Attorney to Help You Seal Your Juvenile Records

The chances of achieving a desirable outcome when petitioning the court to seal your juvenile delinquency records will depend on the reliability of your attorney. Ensure the attorney you decide to hire is:

Qualified and Experienced

Ensure the attorney you hire has credentials to show that he/she is well-trained and certified. On top of that, he/she must have experience helping clients with similar cases seal their delinquency records.

A well-trained and experienced attorney who knows the ins and outs of the legal justice system can increase your odds of obtaining a desirable outcome when petitioning the court to seal and destroy your juvenile records.

Reputable

Your prospective attorney's reputation can speak volumes about the quality and reliability of his/her services. Ensure the attorney you hire has a positive reputation from his/her past clients. Your prospective attorney's past client reviews on his/her social media platforms and website can help you gauge whether he/she is reliable.

When you notice that the attorney's social media platforms have several negative comments from his/her past clients, chances are that his/her services are unreliable.

Find a Juvenile Record Sealing Attorney Near Me

Our reputable and skilled attorneys at California Criminal Lawyer Group are here to offer you legal guidance if you or a loved one needs legal help sealing his/her juvenile records in Bakersfield. We invite you to call us at 661-750-8230 and let our reliable attorneys help you obtain a fresh start.