In the simplest terms, juvenile records are criminal records. Some states permit minor juvenile offenses to be automatically expunged once the perpetrator turns 18. Other states don't have automatic expungement laws for juvenile records. Expunged records don't show up on background checks.
Juvenile criminal records are usually confidential, but you can see your own records. Your attorney, parents or legal guardian can get copies of them too. The procedure varies among jurisdictions, but can be as simple as submitting a written request to the juvenile services agency or court.
A juvenile record that has not been expunged may adversely affect someone as an adult by significantly limiting that person's educational and employment opportunities.
There are two ways to seal criminal records—by mail or in court.
- Most criminal records can be sealed by mail after a waiting period.
- Some cases can be sealed by in court, without a waiting period or by mail.
The following agencies and employers may access your sealed records:
- “Qualified agencies†(defined in Exec.
- Federal and state law enforcement for law enforcement purposes.
- State entities responsible for issuing firearm licenses.
- Employers when you apply for a peace officer or police officer job.
To have your arrest record sealed, you must file a petition in the city or county where you were arrested. The petition must then be served to both the law enforcement agency that made the arrest and the prosecuting attorney. You will need to work with a criminal defense attorney throughout the petition process.
IMPORTANT: Even if you are not directly asked to disclose your juvenile record on an application, you may want to anyway. HOWEVER, when you get your juvenile record sealed in California, it's as if it never existed. So, if you got your juvenile record sealed, you do not need to disclose anything in it.
People often ask me whether a criminal conviction falls off their record after seven years. The answer is no. Your criminal history record is a list of your arrests and convictions. When you apply for a job, an employer will usually hire a consumer reporting agency to run your background.
A minor, someone charged with committing a crime when under age 18, begins his or her case in juvenile court. If the minor is charged with committing a felony when age 15 through 17, his or her case may or must be transferred to adult court (the regular criminal docket in Superior Court) depending on the charge.
California Juvenile's Record May Be Sealed and Still Prohibit Gun Ownership Until 30. (d)) mandates that any juvenile adjudged a ward of the court "shall not" own or possess a firearm until the age of 30 "notwithstanding any other provision of law."
When your record is sealed, it means it cannot be accessed by normal means. Those considering you for employment or who you are petitioning for a loan cannot look into these records during a background check. Furthermore, you can generally legally deny that the events on your record never existed.
