BILL ANALYSIS Ó
AB 989
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
989 (Cooper)
As Amended September 2, 2015
Majority vote
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|ASSEMBLY: |78-0 |(April 23, |SENATE: |39-0 |(September 8, |
| | |2015) | | |2015) |
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Original Committee Reference: PUB. S.
SUMMARY: Authorizes the district attorney and probation department to
access sealed juvenile records for additional limited purposes.
The Senate amendments:
1)Allow access to sealed records for purposes of data collection
or fulfilling data-reporting requirements, but prohibits the
release of personal identifying information in meeting these
requirements.
2)Allow a victim or local collection program to continue to
enforce restitution obligations and court-ordered fines.
3)Authorize the Department of Social Services to view sealed
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records for purposes of compliance with specified federal
regulations.
4)Double join this bill with AB 666 (Stone) of the current
legislative session to avoid chaptering out issues.
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
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.
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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,
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
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proceeding shall be deemed not to have occurred, and the
petitioner may answer accordingly any question relating to
their occurrence.
AS PASSED BY THE ASSEMBLY, this bill:
1)Authorized 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)Stated 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 not be used to support the imposition of
penalties, detention, or other sanctions upon the minor.
3)Authorized the probation department to access sealed juvenile
records for the limited purpose of meeting Federal Title IV-E
compliance.
4)Stated that this access shall not be considered an unsealing
of the records.
FISCAL EFFECT: Unknown. This bill has been 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
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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 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
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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:
0002045