Amended in Senate September 2, 2015

Amended in Assembly April 16, 2015

Amended in Assembly April 8, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 989

Introduced by Assembly Member Cooper

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(Coauthor: Assembly Member Lackey)

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February 26, 2015

An act to amend Section 786 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 989, as amended, Cooper. Juveniles: sealing of records.

Existing law subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court, except as specified. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records in the custody of the juvenile court pertaining to that dismissed petition, except that the prosecuting attorney and the probation department of any county may have access to the records for the limited purpose of determining whether the minor is eligible for deferred entry of judgment.

This bill would additionally authorize the prosecuting attorney and the probation department to have access to the records for the limited purpose of determining a minor’s eligibility for informal supervision and would authorize the probation department of any county to have access to the records for the limited purpose of meeting federal begin insert Title IV-B and end insert Title IV-E compliance. The bill would also authorize the probation department to access the records for the limited purpose of identifying the minor’s previous court-ordered programs or placements, as specified. begin insert The bill would also authorize a law enforcement agency, probation department, court, or other local agency that has custody of the sealed record to access the record, as specified. end insert

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This bill would incorporate changes to Section 786 of the Welfare and Institutions Code proposed by both this bill and AB 666, which would become operative only if both bills are enacted and become effective on or before January 1, 2016, and this bill is chaptered last.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 786 of the Welfare and Institutions Code
is amended to read:

786.  

(a) If the minor satisfactorily completes (1) an informal
program of supervision pursuant to Section 654.2, (2) probation
under Section 725, or (3) a term of probation served after a finding
that the minor was a ward pursuant to Section 602 for any offense
not listed in subdivision (b) of Section 707, the court shall order
the petition dismissed, and the arrest begin delete upon which the judgment
was deferred end delete shall be deemed not to have occurred.

(b) (1) The court shall order sealed all records pertaining to
that dismissed petition in the custody of the juvenile court.

(2) The prosecuting attorney and the probation department of
any county shall have access to the records after they are sealed
for the limited purpose of determining whether the minor is eligible
for deferred entry of judgment pursuant to Section 790 or ineligible
for informal supervision pursuant to Section 654.3.

(3) If a new petition has been filed against the minor for a felony
offense, the probation department of any county shall have access
to the records for the limited purpose of identifying the minor’s
previous court-ordered programs or placements, and in that event
solely to determine the individual’s eligibility or suitability for
remedial programs or services. The information obtained pursuant
to this paragraph shall not be disseminated to other agencies or
individuals, except as necessary to implement a referral to a
remedial program or service, and shall not be used to support the
imposition of penalties, detention, or other sanctions upon the
minor.

(4) 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.

(5) The probation department of any county may access the
records for the limited purpose of meeting federal begin insert Title IV-B and end insert
Title IV-E compliance.

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(6) (A) Notwithstanding any other law, a record sealed pursuant
to Section 781 and this section may be accessed by a law
enforcement agency, probation department, court, or other local
agency that has custody of the sealed record for the limited purpose
of complying with data collection or data reporting requirements
that are imposed by other law subject to subparagraph (B).

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(B) Personally identifying information from a sealed record
accessed under this paragraph shall not be released, disseminated,
or published by or through a law enforcement agency, probation
department, court, or other local agency.

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(c) The access authorizations described in subdivision (b) shall
not be deemed an unsealing of the record and shall not require
notice to any other entity.

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(d) (1) This section does not prohibit a court from enforcing a
civil judgment for an unfulfilled order of restitution obtained
pursuant to Section 730.6. A minor is not relieved from the
obligation to pay victim restitution, a restitution fine, or
court-ordered fines and fees or any combination thereof, because
the minor’s records are sealed.

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(2) A victim or local collection program may continue to enforce
victim restitution orders, restitution fines, and court-ordered fines
and fees after a record is sealed. The juvenile court shall have
access to any records sealed pursuant to this section for the limited
purpose of enforcing a civil judgment or restitution order.

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(e) This section does not prohibit the Department of Social
Services from meeting its obligations to monitor and conduct
periodic evaluations of, and provide reports on, the programs
carried under federal Title IV-B and Title IV-E as required by
Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the
United States Code, as implemented by federal regulation and
state statute.

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begin insert SEC. 1.5. end insert   

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begin insert Section 786 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

786.  

begin insert (a) end insert begin insert   end insert If begin delete the end delete begin insert a end insert minor satisfactorily completes begin delete (a) end delete begin insert (1) end insert an
informal program of supervision pursuant to Section 654.2, begin delete (b) end delete begin insert (2) end insert
probation under Section 725, or begin delete (c) end delete begin insert (3) end insert a term of probation for any
begin delete offense not listed in subdivision (b) of Section 707, end delete begin insert offense, end insert the
court shall order the petition begin delete dismissed, and the arrest upon which
the judgment was deferred shall be deemed not to have occurred. end delete
begin insert dismissed. end insert The court shall order sealed all records pertaining to
that dismissed petition in the custody of the juvenile court, begin delete except
that the prosecuting attorney and the probation department of any
county shall have access to these records after they are sealed for
the limited purpose of determining whether the minor is eligible
for deferred entry of judgment pursuant to Section 790. 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. end delete begin insert and in the custody of law enforcement agencies, the
probation department, or the Department of Justice. The court
shall send a copy of the order to each agency and official named
in the order, direct the agency or official to seal its records, and
specify a date by which the sealed records shall be destroyed. Each
agency and official named in the order shall seal the records in
its custody as directed by the order, shall advise the court of its
compliance, and, after advising the court, shall seal the copy of
the court’s order that was received. The court shall also provide
notice to the minor and minor’s counsel that it has ordered the
petition dismissed and the records sealed in the case. The notice
shall include an advisement of the minor’s right to nondisclosure
of the arrest and proceedings, as specified in subdivision (b). end insert

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(b) Upon the court’s order of dismissal of the petition, the arrest
and other proceedings in the case shall be deemed not to have
occurred and the person who was the subject of the petition may
reply accordingly to any inquiry by employers, educational
institutions, or other persons or entities regarding the arrest and
proceedings in the case.

end insert begin insert

(c) (1) For purposes of this section, satisfactory completion of
an informal program of supervision or another term of probation
described in subdivision (a) shall be deemed to have occurred if
the person has no new findings of wardship or conviction for a
felony offense or a misdemeanor involving moral turpitude during
the period of supervision or probation and if he or she has not
failed to substantially comply with the reasonable orders of
supervision or probation that are within his or her capacity to
perform. The period of supervision or probation shall not be
extended solely for the purpose of deferring or delaying eligibility
for dismissal of the petition and sealing of the records under this
section.

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(2) An unfulfilled order or condition of restitution, including a
restitution fine that can be converted to a civil judgment under
Section 730.6 or an unpaid restitution fee shall not be deemed to
constitute unsatisfactory completion of supervision or probation
under this section.

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(d) A court shall not seal a record or dismiss a petition pursuant
to this section if the petition was sustained based on the commission
of an offense listed in subdivision (b) of Section 707 that was
committed when the individual was 14 years of age or older unless
the finding on that offense was dismissed or was reduced to a
lesser offense that is not listed in subdivision (b) of Section 707.

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(e) (1) The court may, in making its order to seal the record
and dismiss the instant petition pursuant to this section, include
an order to seal a record relating to, or to dismiss, any prior
petition or petitions that have been filed or sustained against the
individual and that appear to the satisfaction of the court to meet
the sealing and dismissal criteria otherwise described in this
section.

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(2) An individual who has a record that is eligible to be sealed
under this section may ask the court to order the sealing of a record
pertaining to the case that is in the custody of a public agency
other than a law enforcement agency, the probation department,
or the Department of Justice, and the court may grant the request
and order that the public agency record be sealed if the court
determines that sealing the additional record will promote the
successful reentry and rehabilitation of the individual.

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(f) (1) A record that has been ordered sealed by the court under
this section may be accessed, inspected, or utilized only under any
of the following circumstances:

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(A) By the prosecuting attorney, the probation department, or
the court for the limited purpose of determining whether the minor
is eligible and suitable for deferred entry of judgment pursuant to
Section 790 or is ineligible for a program of supervision as defined
in Section 654.3.

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(B) By the court 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.

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(C) If a new petition has been filed against the minor for a felony
offense, by the probation department for the limited purpose of
identifying the minor’s previous court-ordered programs or
placements, and in that event solely to determine the individual’s
eligibility or suitability for remedial programs or services. The
information obtained pursuant to this subparagraph shall not be
disseminated to other agencies or individuals, except as necessary
to implement a referral to a remedial program or service, and
shall not be used to support the imposition of penalties, detention,
or other sanctions upon the minor.

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(D) Upon a subsequent adjudication of a minor whose record
has been sealed under this section and a finding that the minor is
a person described by Section 602 based on the commission of a
felony offense, by the probation department, the prosecuting
attorney, counsel for the minor, or the court for the limited purpose
of determining an appropriate juvenile court disposition. Access,
inspection, or use of a sealed record as provided under this
subparagraph shall not be construed as a reversal or modification
of the court’s order dismissing the petition and sealing record in
the prior case.

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(E) Upon the prosecuting attorney’s motion, made in accordance
with Section 707, to initiate court proceedings to determine the
minor’s fitness to be dealt with under the juvenile court law, by
the probation department, the prosecuting attorney, counsel for
the minor, or the court for the limited purpose of evaluating and
determining the minor’s fitness to be dealt with under the juvenile
court law. Access, inspection, or use of a sealed record as provided
under this subparagraph shall not be construed as a reversal or
modification of the court’s order dismissing the petition and sealing
the record in the prior case.

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(F) By the person whose record has been sealed, upon his or
her request and petition to the court to permit inspection of the
records.

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(G) The probation department of any county may access the
records for the limited purpose of meeting federal Title IV-B and
Title IV-E compliance.

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(2) Access to, or inspection of, a sealed record authorized by
paragraph (1) shall not be deemed an unsealing of the record and
shall not require notice to any other agency.

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(g) (1) This section does not prohibit a court from enforcing a
civil judgment for an unfulfilled order of restitution ordered
pursuant to Section 730.6. A minor is not relieved from the
obligation to pay victim restitution, restitution fines, and
court-ordered fines and fees because the minor’s records are
sealed.

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(2) A victim or a local collection program may continue to
enforce victim restitution orders, restitution fines, and
court-ordered fines and fees after a record is sealed. The juvenile
court shall have access to any records sealed pursuant to this
section for the limited purpose of enforcing a civil judgment or
restitution order.

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(h) This section does not prohibit the Department of Social
Services from meeting its obligations to monitor and conduct
periodic evaluations of, and provide reports on, the programs
carried under federal Title IV-B and Title IV-E as required by
Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the
United States Code, as implemented by federal regulation and
state statute.

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(i) The Judicial Council shall adopt rules of court, and shall
make available appropriate forms, providing for the standardized
implementation of this section by the juvenile courts.

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begin insert SEC. 2. end insert   

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Section 1.5 of this bill incorporates amendments to
Section 786 of the Welfare and Institutions Code proposed by both
this bill and Assembly Bill 666. It shall only become operative if
(1) both bills are enacted and become effective on or before
January 1, 2016, (2) each bill amends Section 786 of the Welfare
and Institutions Code, and (3) this bill is enacted after Assembly
Bill 666, in which case Section 1 of this bill shall not become
operative.

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