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No. In California, juvenile delinquency records are never
automatically sealed by simply turning 18 years of age. In California,
due to the passage of proposition 21 in the year 2000, not all juvenile
records can be sealed. Criminal offenses regarded as violent felonies are the main crimes excluded. The following offenses are listed under 707 of
the Welfare and Institutions Code and therefore cannot be sealed. They
are as follows:
(1) Murder
(2) Arson, as provided in subdivision (a) or (b) of the Section
451 of the Penal Code.
(3) Robbery
(4) Robbery with force or violence or threat of great bodily
harm.
(5) Sodomy by force, violence, duress, menace, or threat of
great bodily harm.
(6) Lewd or lascivious act as provided in subdivision (b) of
Section 288 of the Penal Code.
(7) Oral copulation by force, violence, duress, menace or threat
of great bodily harm.
(8) Any offence specified in subdivision (a) of Section 289 of
the Penal Code.
(9) Kidnapping for ransom.
(10) Kidnapping for purpose of robbery.
(11) Kidnapping with bodily harm.
(12) Attempted murder.
(13) Assault with a firearm or destructive device.
(14) Assault by any means of force likely to produce great bodily
injury.
(15) Discharge of a firearm into an inhabited or occupied building.
(16) Any offense described in Section 1203.09 of the Penal Code.
(17) Any offense described in Section 12022.5 or 12022.53 of the
Penal Code.
(18) Any felony offense in which the minor personally used a weapon
listed in subdivision (a)
of Section 12020 of the Penal Code.
(19) Any felony offense described in Section 136.1 or 137 of the
Penal Code.
(20) Manufacturing, compounding, or selling one-half ounce or more
of my salt or solution of a
controlled substance specified in subdivision (e) of Section 11055
of the Health and Safety
Code.
(21) Any violent felony, as defined in subdivision (c) of Section
667.5 of the Penal Code,
which would also constitute a felony violation of subdivision (b) of
Section 186.22 of the Penal
Code.
(22) Escape, by the use of force or violence, from any county
juvenile hall, home, ranch, camp,
or forestry camp in violation of subdivision (b) of Section 871
where great bodily injury is
intentionally inflicted upon an employee of the juvenile facility
during the commission of the
escape.
(23) Torture as described in Sections 206 and 206.1 of the Penal
Code.
(24) Aggravated mayhem, as described in Section 205 of the Code.
(25) Carjacking, as described in Section 215 of the Penal Code,
while armed with a dangerous or deadly weapon.
(26) Kidnapping, as punishable in subdivision (d) of Section 208 of
the Penal Code.
(27) Kidnapping, as punishable in Section 209.5 of the Penal Code.
(28) The offense described in subdivision (c) of Section 12034 of
the Penal Code.
(29) The offense described in Section 12308 of the Penal Code.
(30) Voluntary manslaughter, as described in subdivision (a) of
Section 192 of the Penal Code.
California Juvenile Records may not be sealed if the minor committed
any of the above enumerated offenses listed under 707 of the Welfare
and Institutions Code and was 14 years old or older at the time of the
offense. For this reason, when a child wants to get his Juvenile
Records Sealed, it is very important to consult with a experienced Juvenile Attorney.
Proposition 21 was passed by the voters by 62% of the vote.
The applicant must wait until he or she is 18 years of age or five years since probation was terminated. Under Welfare and Institutions Code section 903.3, Counties may charge up to $120.00 for a filing fee. There is currently no filing
fee charge for applicants for Los Angeles Juvenile Courts, however the law requires that notice be given to the respective parties (The District Attorney, Probation department, etc.), this notice is to allow the DA to oppose the request if a lawful basis exists.
In California a minor tried as an adult is not entitled to record record sealing. (People v. Hershelman, (1979) 99 Cal.App.3d 865). The California Court of Appeals has also stated that Proposition 21's amendments to section 781 do not violate the constitutional prohibitions against ex post facto laws nor the Equal Protection Clause. (People v. Superior Court (Manual G.) 2002, 104 Cal.App.4th 915.
Once juvenile records are sealed in California, the offense is deemed
to have never occurred. Once your record is sealed, nobody can look
at your record without your permission. You will actually have to
notify the court, that you want someone to look at your records. In
California, your records are destroyed when you reach the age of 38. It
is highly recommended to retain a Juvenile records sealing attorney to help you
seal your juvenile criminal court records
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