BILL NUMBER: AB 1006 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Yamada
FEBRUARY 22, 2013
An act to amend Section 781 of the Welfare and Institutions Code,
relating to juvenile court records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1006, as introduced, Yamada. Juvenile court records: sealing
and destruction.
Existing law authorizes a person who is the subject of a juvenile
court record, or the county probation officer, to petition the court
for the sealing of the records relating to the person's case,
including records in the custody of the juvenile court and the
probation officer and any other agencies, including law enforcement
agencies and public officials as the petitioner alleges to have
custody of the records. The petition may be filed 5 years or more
after the jurisdiction of the juvenile court has terminated or, if no
petition was filed, 5 years or more after the person was cited to
appear before a probation officer or was taken before a probation
officer or law enforcement officer, or, in any case, at any time
after the person reaches 18 years of age. This provision does not
apply if the person was found by the juvenile court to have committed
any one of specified serious or violent offenses and the person was
14 years of age or older when he or she committed the offense.
Existing law also does not permit the sealing of a person's juvenile
court record for an offense if the person has been convicted of that
offense in a criminal court, as specified.
This bill would require, on and after January 1, 2015, each court
and probation department to ensure that information regarding the
eligibility for and the procedures to request the sealing and
destruction of records is provided to each person for whom a petition
has been filed, on or after January 1, 2015, to adjudge the person a
ward of the juvenile court and to specified other minors who are
taken into temporary custody and brought before a probation officer,
as specified. The bill would require the Judicial Council on or
before January 1, 2015, to develop related informational materials
and a specified form. The bill would specify when the materials and
the form are to be provided.
By imposing additional duties on local probation departments, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 781 of the Welfare and Institutions Code is
amended to read:
781. (a) In any case in which a petition has been filed with a
juvenile court to commence proceedings to adjudge a person a ward of
the court, in any case in which a person is cited to appear before a
probation officer or is taken before a probation officer pursuant to
Section 626, or in any case in which a minor is taken before any
officer of a law enforcement agency, the person or the county
probation officer may, five years or more after the jurisdiction of
the juvenile court has terminated as to the person, or, in a case in
which no petition is filed, five years or more after the person was
cited to appear before a probation officer or was taken before a
probation officer pursuant to Section 626 or was taken before any
officer of a law enforcement agency, or, in any case, at any time
after the person has reached the age of 18 years, petition the court
for sealing of the records, including records of arrest, relating to
the person's case, in the custody of the juvenile court and probation
officer and any other agencies, including law enforcement agencies,
and public officials as the petitioner alleges, in his or her
petition, to have custody of the records. The court shall notify the
district attorney of the county and the county probation officer, if
he or she is not the petitioner, and the district attorney or
probation officer or any of their deputies or any other person having
relevant evidence may testify at the hearing on the petition. If,
after hearing, the court finds that since the termination of
jurisdiction or action pursuant to Section 626, as the case may be,
he or she has not been convicted of a felony or of any misdemeanor
involving moral turpitude and that rehabilitation has been attained
to the satisfaction of the court, it shall order all records, papers,
and exhibits in the person's case in the custody of the juvenile
court sealed, including the juvenile court record, minute book
entries, and entries on dockets, and any other records relating to
the case in the custody of the other agencies and officials as are
named in the order. In any case in which a ward of the juvenile court
is subject to the registration requirements set forth in Section 290
of the Penal Code, a court, in ordering the sealing of the juvenile
records of the person, also shall provide in the order that the
person is relieved from the registration requirement and for the
destruction of all registration information in the custody of the
Department of Justice and other agencies and officials.
Notwithstanding any other provision of law, the court shall not order
the person's records sealed in any case in which the person has been
found by the juvenile court to have committed an offense listed in
subdivision (b) of Section 707 when he or she had attained 14 years
of age or older. Once the court has ordered the person's records
sealed, the proceedings in the case shall be deemed never to have
occurred, and the person may properly reply accordingly to any
inquiry about the events, the records of which are ordered sealed.
The court shall send a copy of the order to each agency and official
named therein, directing the agency to seal its records and stating
the date thereafter to destroy the sealed records. Each such agency
and official shall seal the records in its custody as directed by the
order, shall advise the court of its compliance, and thereupon shall
seal the copy of the court's order for sealing of records that it,
he, or she received. The person who is the subject of records sealed
pursuant to this section may petition the superior court to permit
inspection of the records by persons named in the petition, and the
superior court may so order. Otherwise, except as provided in
subdivisions (b) and (e), the records shall not be open to
inspection.
(b) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
(c) (1) Subdivision (a) does not apply to Department of Motor
Vehicle records of any convictions for offenses under the Vehicle
Code or any local ordinance relating to the operation, stopping and
standing, or parking of a vehicle where the record of any such
conviction would be a public record under Section 1808 of the Vehicle
Code. However, if a court orders a case record containing any such
conviction to be sealed under this section, and if the Department of
Motor Vehicles maintains a public record of such a conviction, the
court shall notify the Department of Motor Vehicles of the sealing
and the department shall advise the court of its receipt of the
notice.
Notwithstanding any other provision of law, subsequent to the
notification, the Department of Motor Vehicles shall allow access to
its record of convictions only to the subject of the record and to
insurers which have been granted requestor code numbers by the
department. Any insurer to which such a record of conviction is
disclosed, when such a conviction record has otherwise been sealed
under this section, shall be given notice of the sealing when the
record is disclosed to the insurer. The insurer may use the
information contained in the record for purposes of determining
eligibility for insurance and insurance rates for the subject of the
record, and the information shall not be used for any other purpose
nor shall it be disclosed by an insurer to any person or party not
having access to the record.
(2) This subdivision shall not be construed as preventing the
sealing of any record which is maintained by any agency or party
other than the Department of Motor Vehicles.
(3) This subdivision shall not be construed as affecting the
procedures or authority of the Department of Motor Vehicles for
purging department records.
(d) Unless for good cause the court determines that the juvenile
court record shall be retained, the court shall order the destruction
of a person's juvenile court records that are sealed pursuant to
this section as follows: five years after the record was ordered
sealed, if the person who is the subject of the record was alleged or
adjudged to be a person described by Section 601; or when the person
who is the subject of the record reaches the age of 38 if the person
was alleged or adjudged to be a person described by Section 602,
except that if the subject of the record was found to be a person
described in Section 602 because of the commission of an offense
listed in subdivision (b), of Section 707, when he or she was 14
years of age or older, the record shall not be destroyed. Any other
agency in possession of sealed records may destroy its records five
years after the record was ordered sealed.
(e) The court may access a file that has been sealed pursuant to
this section for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388.
This access shall not be deemed an unsealing of the record and shall
not require notice to any other entity.
(f) This section shall not permit the sealing of a person's
juvenile court records for an offense where the person is convicted
of that offense in a criminal court pursuant to the provisions of
Section 707.1. This subdivision is declaratory of existing law.
(g) (1) On and after January 1, 2015, each court and probation
department shall ensure that information regarding the eligibility
for and the procedures to request the sealing and destruction of
records pursuant to this section shall be provided to each person who
is either of the following:
(A) A person for whom a petition has been filed, on or after
January 1, 2015, to adjudge the person a ward of the juvenile court.
(B) A person who is brought before a probation officer pursuant to
Section 626.
(2) The Judicial Council shall, on or
before January 1, 2015, develop informational materials for purposes
of paragraph (1), and shall develop a form to petition the court for
the sea ling and destruction of records pursuant to this
section. The informational materials and the form shall be provided
to each person described in paragraph (1) when jurisdiction is
terminated or when the case is dismissed.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.