Amended in Assembly April 21, 2016

Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1945

Introduced by Assembly Member Mark Stone

February 12, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1945, as amended, Mark Stone. Juveniles: sealing of records.

Existing law subjects a 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 sealing of records pertaining to that dismissed petition, as specified. Existing law specifies circumstances under which a record that has been ordered sealed pursuant to these provisions may be accessed, inspected, or utilized.

This bill would allow a child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent to access a record that has been ordered sealed for the limited purpose of determining an appropriate placement or service.

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Existing law prohibits a court from sealing a record or dismissing a petition pursuant to these provisions if the petition was sustained based on a commission of certain specified offenses unless the finding on the offense was dismissed or was reduced to a lesser offense that is not specified.

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This bill would additionally allow the court to seal a record if the offense was reduced to a misdemeanor.

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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 a 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 for any offense, the
court shall order the petition dismissed. The court shall order sealed
all records pertaining to the dismissed petition in the custody of
the juvenile court, 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 the 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).

(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 an inquiry by employers, educational
institutions, or other persons or entities regarding the arrest and
proceedings in the case.

(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.

(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.

(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 begin delete a misdemeanor or to end delete a lesser offense that is not listed
in subdivision (b) of Section 707.

(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.

(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.

(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:

(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.

(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.

(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.

(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 begin insert the end insert record
in the prior case.

(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.

(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.

(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.

(H) The child welfare agency of a county responsible for the
supervision and placement of a minor or nonminor dependent may
access a record that has been ordered sealed by the court under
this section for the limited purpose of determining an appropriate
placement or service that has been ordered for the minor or
nonminor dependent by the court. The information contained in
the sealed record and accessed by the child welfare worker or
agency under this subparagraph may be shared with the court or
with a service or placement provider as necessary to implement
the court-ordered service or placement but shall in all other respects
remain confidential. Access to the sealed record under this
subparagraph shall not be construed as a modification of the court’s
order dismissing the petition and sealing the record in the case.

(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.

(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.

(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 records sealed pursuant to this section for the limited
purpose of enforcing a civil judgment or restitution order.

(h) This section does not prohibit the State 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.

(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.