BILL ANALYSIS Ó
AB 989
Page 1
ASSEMBLY THIRD READING
AB
989 (Cooper)
As Amended April 16, 2015
Majority vote
-------------------------------------------------------------------
|Committee |Votes |Ayes |Noes |
|----------------+------+----------------------+--------------------|
|Public Safety |7-0 |Quirk, Melendez, | |
| | |Gonzalez, | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago | |
-------------------------------------------------------------------
SUMMARY: Authorizes the district attorney and probation
department to access sealed juvenile records for additional
limited purposes. Specifically, this bill:
1)Authorizes the prosecutor and the probation department to access
a juvenile's sealed records for the limited purpose of
determining whether the minor is ineligible for informal
supervision.
2)States that if a new petition has been filed against the minor
for a felony offense, the probation department can access the
sealed 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 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
AB 989
Page 2
not be used to support the imposition of penalties, detention,
or other sanctions upon the minor.
3)Authorizes the probation department to access sealed juvenile
records for the limited purpose of meeting Federal Title IV-E
compliance.
4)States that this access shall not be considered an unsealing of
the records.
EXISTING LAW:
1)Provides that, if a minor satisfactorily completes an informal
program of supervision, probation as specified, or a term of
probation for any offense other than a specified serious,
sexual, or violent offense, then the court shall order sealed
all records pertaining to that dismissed petition in the custody
of the juvenile court, 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. 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 dependency or delinquency jurisdiction.
This access shall not be deemed an unsealing of the record and
shall not require notice to any other entity.
2)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
AB 989
Page 3
probation officer, or any other agency or public official.
3)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
inquiry about the events.
4)Permits the court to access a file that has been sealed for the
limited purpose of verifying the prior jurisdictional status of
the ward who is petitioning the court to resume its
jurisdiction, as specified. This access is not to be deemed an
unsealing of the records.
5)Allows a judge of the juvenile court in which a petition was
filed to dismiss the petition, or to set aside the findings and
dismiss the petition, if the court finds that the interests of
justice and the welfare of the person who is the subject of the
petition require that dismissal, or if it finds that he or she
is not in need of treatment or rehabilitation. The court has
jurisdiction to order dismissal or setting aside of the findings
and dismissal regardless of whether the person who is the
subject of the petition is, at the time of the order, a ward or
dependent child of the court.
6)Allows the probation officer to destroy all records and papers
in the proceedings concerning a minor after five years from the
date on which the jurisdiction of the juvenile court over the
minor is terminated.
7)States that any person who was under the age of 18 when he or
she was arrested for a misdemeanor may petition the court in
which the proceedings occurred or, if there were no court
proceedings, the court in whose jurisdiction the arrest
occurred, for an order sealing the records in the case,
AB 989
Page 4
including any records of arrest and detention, in certain
circumstances.
8)Provides that a person who was under the age of 18 at the time
of commission of a misdemeanor and is eligible for, or has
previously received expungement relief, may petition the court
for an order sealing the record of conviction and other official
records in the case, including arrest records and records
relating to other offenses charged in the accusatory pleading,
whether the defendant was acquitted, or the charges dismissed.
Thereafter the conviction, arrest, or other proceeding shall be
deemed not to have occurred, and the petitioner may answer
accordingly any question relating to their occurrence.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "In 2014, SB 1038 (Leno) [Chapter 249,
Statutes of 2014] regarding juvenile records sealing was signed
into law. The bill provided for the automatic dismissal of
juvenile petitions and sealing of records in cases where a
juvenile offender successfully completes probation. The intent
was to provide incentives for youth to successfully complete
probation and foster employment, housing, and education
opportunities by setting forth a process to have juvenile records
sealed.
"Upon implementation there have been varying legal opinions as to
whether probation records such as program referrals and risk/needs
assessments are considered part of the court record and would
therefore be required to be sealed under the provisions of SB
1038. This inhibits the ability of probation to access their
internal records should a minor, who has had their record sealed,
come back into the custody of the juvenile court and probation
AB 989
Page 5
department.
"Therefore, there are cases when a youth comes back into the
custody of the juvenile court and probation is unable to view
their previous program referrals and risk/needs assessments to
make the most appropriate determination on getting them connected
to services. Further, it is important that probation be able to
access records on a limited basis for the purposes of determining
AB 12 [(Beall), Chapter 559, Statutes of 2010] extended foster
care eligibility, eligibility for informal probation, and Federal
Title IV-E purposes. In order to achieve the best outcomes for
these minors, it is important that probation have access to this
information to make the most effective case plan determinations
for the minor's treatment.
"AB 989 would continue the practice and original intent of SB 1038
to ensure that minors' records are automatically sealed upon
successful completion and would clarify that in cases where a
juvenile record has been sealed pursuant to Welfare and
Institutions Code 786, if a youth subsequently comes back into the
custody of the juvenile court, probation may access limited
information as it pertains to determining AB 12 extended foster
care eligibility, informal probation eligibility, Federal Title
IV-E purposes, previous risk/needs assessments, and prior program
and service referrals in order to most appropriately develop a
case plan to address the treatment needs of the minor."
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0000137
AB 989
Page 6