AB 1006, as amended, 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. begin deleteThe end deletebegin insertExisting law permits the end insertpetitionbegin delete mayend deletebegin insert toend insert 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 beenbegin delete filed,end deletebegin insert
filedend insert 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 Judicialbegin delete Councilend deletebegin insert Council,end insert 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 781 of the Welfare and Institutions Code
2 is amended to read:
(a) In any case in which a petition has been filed with a
4juvenile court to commence proceedings to adjudge a person a
5ward of the court, in any case in which a person is cited to appear
6before a probation officer or is taken before a probation officer
7pursuant to Section 626, or in any case in which a minor is taken
8before any officer of a law enforcement agency, the person or the
9county probation officer may, five years or more after the
10jurisdiction of the juvenile court has terminated as to the person,
11or, in a case in which no petition is filed, five years or more after
12the person was cited to appear before a probation officer or was
13taken before a probation officer pursuant to Section 626 or was
14taken before any officer of a law enforcement agency,
or, in any
15case, at any time after the person has reached the age of 18 years,
16
petition the court for sealing of the records, including records of
P3 1arrest, relating to the person’s case, in the custody of the juvenile
2court and probation officer and any other agencies, including law
3enforcement agencies, and public officials as the petitioner alleges,
4in his or her petition, to have custody of the records. The court
5shall notify the district attorney of the county and the county
6probation officer, if he or she is not the petitioner, and the district
7attorney or probation officer or any of their deputies or any other
8person having relevant evidence may testify at the hearing on the
9petition. If, after hearing, the court finds that since the termination
10of jurisdiction or action pursuant to Section 626, as the case may
11be, he or she has not been convicted of a felony or of any
12misdemeanor involving moral turpitude and that rehabilitation has
13been attained to the
satisfaction of the court, it shall order all
14records, papers, and exhibits in the person’s case in the custody
15of the juvenile court sealed, including the juvenile court record,
16minute book entries, and entries on dockets, and any other records
17relating to the case in the custody of the other agencies and officials
18as are named in the order. In any case in which a ward of the
19juvenile court is subject to the registration requirements set forth
20in Section 290 of the Penal Code, a court, in ordering the sealing
21of the juvenile records of the person, also shall provide in the order
22that the person is relieved from the registration requirement and
23for the destruction of all registration information in the custody of
24the Department of Justice and other agencies and officials.
25Notwithstanding any other provision of law, the court shall not
26order the person’s records sealed in any case in which the person
27has
been found by the juvenile court to have committed an offense
28listed in subdivision (b) of Section 707 when he or she had attained
2914 years of age or older. Once the court has ordered the person’s
30records sealed, the proceedings in the case shall be deemed never
31to have occurred, and the person may properly reply accordingly
32to any inquiry about the events, the records of which are ordered
33sealed. The court shall send a copy of the order to each agency
34and official named therein, directing the agency to seal its records
35and stating the date thereafter to destroy the sealed records. Each
36such agency and official shall seal the records in its custody as
37directed by the order, shall advise the court of its compliance, and
38thereupon shall seal the copy of the court’s order for sealing of
39records that it, he, or she received. The person who is the subject
40of records sealed pursuant to this section may petition
the superior
P3 1court to permit inspection of the records by persons named in the
2petition, and the superior court may so order. Otherwise, except
3as provided in subdivisions (b) and (e), the records shall not be
4open to inspection.
5(b) In any action or proceeding based upon defamation, a court,
6upon a showing of good cause, may order any records sealed under
7this section to be opened and admitted into evidence. The records
8shall be confidential and shall be available for inspection only by
9the court, jury, parties, counsel for the parties, and any other person
10who is authorized by the court to inspect them. Upon the judgment
11in the action or proceeding becoming final, the court shall order
12the records sealed.
13(c) (1) Subdivision (a) does not apply to Department
of Motor
14Vehicle records of any convictions for offenses under the Vehicle
15Code or any local ordinance relating to the operation, stopping
16and standing, or parking of a vehicle where the record of any such
17conviction would be a public record under Section 1808 of the
18Vehicle Code. However, if a court orders a case record containing
19any such conviction to be sealed under this section, and if the
20Department of Motor Vehicles maintains a public record of such
21a conviction, the court shall notify the Department of Motor
22Vehicles of the sealing and the department shall advise the court
23of its receipt of the notice.
24Notwithstanding any other provision of law, subsequent to the
25notification, the Department of Motor Vehicles shall allow access
26to its record of convictions only to the subject of the record and
27to insurers which have been granted requestor code
numbers by
28the department. Any insurer to which such a record of conviction
29is disclosed, when such a conviction record has otherwise been
30sealed under this section, shall be given notice of the sealing when
31the record is disclosed to the insurer. The insurer may use the
32information contained in the record for purposes of determining
33eligibility for insurance and insurance rates for the subject of the
34record, and the information shall not be used for any other purpose
35nor shall it be disclosed by an insurer to any person or party not
36
having access to the record.
37(2) This subdivision shall not be construed as preventing the
38sealing of any record which is maintained by any agency or party
39other than the Department of Motor Vehicles.
P5 1(3) This subdivision shall not be construed as affecting the
2procedures or authority of the Department of Motor Vehicles for
3purging department records.
4(d) Unless for good cause the court determines that the juvenile
5court record shall be retained, the court shall order the destruction
6of a person’s juvenile court records that are sealed pursuant to this
7section as follows: five years after the record was ordered sealed,
8if the person who is the subject of the record was alleged or
9adjudged to be a person
described by Section 601; or when the
10person who is the subject of the record reaches the age of 38 if the
11person was alleged or adjudged to be a person described by Section
12602, except that if the subject of the record was found to be a
13person described in Section 602 because of the commission of an
14offense listed in subdivisionbegin delete (b),end deletebegin insert (b)end insert of Sectionbegin delete 707,end deletebegin insert 707end insert when he
15or she was 14 years of age or older, the record shall not be
16destroyed. Any other agency in possession of sealed records may
17destroy its records five years after the record was ordered sealed.
18(e) The court may access a file that has been sealed pursuant to
19this section for the limited purpose of verifying the prior
20jurisdictional status of a ward who is petitioning the court to resume
21its jurisdiction pursuant to subdivision (e) of Section 388. This
22access shall not be deemed an unsealing of the record and shall
23not require notice to any other entity.
24(f) This section shall not permit the sealing of a person’s juvenile
25court records for an offense where the person is convicted of that
26offense in a criminal court pursuant to the provisions of Section
27707.1. This subdivision is declaratory of existing law.
28(g) (1) On and after January 1, 2015, each court and probation
29department shall ensure
that information regarding the eligibility
30for and the procedures to request the sealing and destruction of
31records pursuant to this section shall be provided to each person
32who is either of the following:
33(A) A person for whom a petition has beenbegin delete filed,end deletebegin insert filedend insert on or
34after January 1, 2015, to adjudge the person a ward of the juvenile
35court.
36(B) A person who is brought before a probation officer pursuant
37to Section 626.
38(2) The Judicial Council shall, on or before January 1, 2015,
39develop informational materials for purposes of paragraphbegin delete (1),end deletebegin insert
(1) end insert
40 and shall develop a form to petition the court for the sealing and
P6 1destruction of records pursuant to this section. The informational
2materials and the form shall be provided to each person described
3in paragraph (1) when jurisdiction is terminated or when the case
4is dismissed.
If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.
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