BILL ANALYSIS Ó
AB 1006
Page 1
Date of Hearing: April 2, 2013
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1006 (Yamada) - As Introduced: February 22, 2013
SUMMARY : Requires courts and probation departments to ensure
that information about the sealing of juvenile records are
provided to a minor against whom a juvenile proceeding has been
initiated or who has been brought before a probation officer as
specified. Specifically, this bill :
1)Requires, 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 juvenile arrest and adjudication records is
provided to each person against whom a juvenile proceeding has
been initiated or who has been brought before a probation
officer.
2)Requires, on or before January 1, 2015, Judicial Council to
develop informational materials for purposes of the above
provision and to develop a form to petition the court for the
sealing and destruction of juvenile records.
EXISTING LAW :
1)Provides that five years or more after the jurisdiction of the
juvenile court has terminated over a person adjudged a ward of
the court or after a minor appeared before a probation
officer, or, in any case, at any time after the person has
reached the age of 18, the person or county probation officer,
with specified exceptions, may petition the juvenile court for
sealing of the records, including arrest records, relating to
the person's case, in the custody of the juvenile court, the
probation officer, or any other agency or public official.
[Welfare and Institutions Code Section 781(a).]
2)States that 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 reply accordingly to any
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inquiry about the events. [Welfare and Institutions Code
Section 781(a).]
3)Prohibits the sealing or destruction of juvenile records in
any case in which the person has been found by the juvenile
court to have committed a moral turpitude offense when the
person was 14 years of age or older at the time of the offense
or if the case was transferred to a criminal court. [Welfare
and Institutions Code Section 781(a), (d), and (f).]
4)Allows a peace officer to take a minor into temporary custody
without a warrant when the officer has reasonable cause to
believe that the minor is habitually disobedient or truant or
has committed a crime; is a ward of the juvenile court and the
officer believes that the minor violated an order of the court
or has escaped from a commitment ordered by the court; or is
found in any public place suffering from a sickness or injury
requiring care. [Welfare and Institutions Code Section 625.]
5)Allows an officer to bring a minor who was taken into custody
before the probation officer of the county in which the minor
was taken into custody or resides or in which the acts took
place that resulted in the minor being taken into custody.
[Welfare and Institutions Code Section 626.]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Youth who have
completed their court adjudicated debt to society should have
an opportunity to start over with a clean slate.
Unfortunately, because of a lack of formal process to inform
youth of this right, many former juvenile offenders are
unaware that their records are unsealed until they are refused
a job, credit or housing. This impedes the state's
explicitly-stated goal of rehabilitating youthful offenders
and reintroducing them to society."
The author further states that current law "allows a juvenile
who has not received an adult felony conviction or committed a
serious felony after the age of 14 to request that their
records be reviewed and sealed by the court. This prevents
minor juvenile offenses from inhibiting career plans,
educational goals, credit establishment, professional
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licensure, and access to housing and employment opportunities.
Vulnerable youth populations such as foster and homeless youth
especially benefit from this process because they often
possess juvenile records and already face numerous
disadvantages as they enter adulthood.
"The State does not, however, require courts or probation
departments to provide information about the petition process
or to provide a form to petition the court. As a result, many
youth do not know how to petition the court or even know that
the option exists. Adding to the confusion and delay, many
youth, parents, and case managers are under the mistaken
impression that juvenile records are sealed automatically when
the youth turns 18.
"An unsealed record can impede a former offender's progress
toward self-sufficiency by acting as a barrier to job and
educational opportunities, professional licensure, applying
for credit and leasing a house. Individuals may be
disqualified from public housing or federal loans for
college."
2)Sealing and Destruction of Juvenile Records Generally :
Juvenile court records generally must be destroyed when the
person of record reaches the age of 38 unless good cause is
shown for maintaining those records. [Welfare and
Institutions Code (WIC) Section 826.] The person of record
also may petition to destroy records retained by other
agencies. [WIC Section 826(b).] The request shall be granted
unless good cause is shown for retention of the records. [WIC
Section 826.] When records are destroyed pursuant to the
above provision, the proceedings "shall be deemed never to
have occurred, and the person may reply accordingly to an
inquiry." [WIC Section 826(a).] Courts have held that the
phrase "never to have occurred" means that the juvenile
proceeding is deemed not to have existed. [Parmett v.
Superior Court (Christal B.) (1989) 212 Cal.App.3d 1261, at
1267.]
In order to seal a juvenile court record, a petition must be
filed by either the person who is the subject of the record or
the probation department. [WIC Section 781.] Juvenile court
jurisdiction must have lapsed five years previously or the
person must be at least 18 years old. [WIC Section 781(a).]
The records are not sealed if the person of record has been
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convicted of a felony or a misdemeanor involving moral
turpitude. [WIC Section 781(a).] No offenses listed in WIC
section 707, subdivision (b) may be sealed if the juvenile was
14 years or older at the time of the offense. Additionally,
there can be no pending civil litigation involving the
incident.
3)Governor's Veto Message : AB 337 (Torres), of the 2009-10
Legislative Session, was substantially similar to this bill
and was vetoed by Governor Schwarzenegger. In his veto
message, the Governor said, "This measure would require each
court and probation department to ensure that information
regarding the sealing and destruction of juvenile records is
provided to each person for whom a petition has been filed, on
or after January 1, 2011. While this information could be
helpful to those individuals that qualify, competent counsel
should already be providing this information. Since this
measure would place an additional burden on government
entities that are already facing deep cuts to court programs
and probation departments due to the continuing fiscal crisis,
I am unable to sign this bill."
4)Argument in Support : According to the California Public
Defenders Association , "Currently, each county and sometimes
even different courts within one county handle the sealing
process differently. Often, despite best intentions, youth
are not informed of their rights to seal their records, or if
told at the time their case is closed, have forgotten what was
said by the time they have the opportunity to follow through.
It is a confusing sometimes time consuming process few young
people are equipped to handle.
"? A standardized form for sealing juvenile records, plus a
requirement that the information on sealing be distributed to
youth, is crucial. Laudably, this bill also addresses the
procedure for youth who are not formally arrested and taken to
court, but are instead taken to a probation officer, a group
who as of now has no instruction on sealing."
5)Argument in Opposition : According to the California
Probation, Parole and Correctional Association , "Juveniles are
advised upon termination of probation as a matter of practice
or upon turning 18 years of age.
"While we recognize the goal of the bill, we believe existing
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law sets forth procedures for notifying and assisting
juveniles with sealing their records and see the proposed
provisions of this bill as adding significant new layers and
requirements to probation departments."
6)Prior Legislation : AB 337 (Torres) of the 2009-10 Legislative
Session would have required courts and probation departments
to ensure that information about the sealing of juvenile
records are provided to a minor. AB 337 was vetoed by the
Governor.
REGISTERED SUPPORT / OPPOSITION :
Support
The Alliance for Children's Rights
California Coalition for Youth
California Public Defenders Association
First Place for Youth
National Association of Social Workers, California Chapter
Opposition
California Probation, Parole and Correctional Association
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744