California Juvenile Record Sealing Frequently Asked Questions

Why would I want to seal my juvenile record?

After you complete your sentence for a juvenile offense, the court does not automatically seal the records. You have to petition the court to seal the records. However, once your record is sealed, it is as though the charge never existed.

Back to top

Will it still show up on my background check after it is sealed?

Nothing will appear because the record will be sealed. Once a record is sealed it is treated as if it never happened and you can answer as if it never occurred.

Back to top

Can it still be used against me for a future conviction?

No. Once your juvenile offense has been sealed, it is treated as though it never happened. The only time when your sealed juvenile records might be reopened is if you are involved in any future lawsuit involving defamation.

Back to top

Do I have to disclose it ever?

No. Once your juvenile offense has been sealed, California law treats it as though it never happened, and you can too. You can legally deny its existence.

Back to top

Can I become a schoolteacher, nurse, or other occupation?

You can truthfully say you were not convicted to any question for employment. Since it will be sealed it will not appear on the background check.

Back to top

What if I want to work in a bank?

Section 19 of the FDIA (Federal Deposit Insurance Act) allows banks and other financial institutions to bar prospective employees who have had certain “Breach of Trust” convictions from jobs that they are otherwise qualified for even if they had the conviction expunged. If you have a “breach of trust” conviction and were denied a job with a financial institution because of that conviction, there still is another possible way to obtain that job. It is important to speak with an attorney about your specific circumstances to see if you would qualify for such a waiver from the FDIC.

Back to top

What if I join the military?

If you want to join the US military, then it becomes a matter of federal law, not California state law. All branches of the military will want to know about your juvenile offenses, even if they have been expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out about it. It's always advisable to disclose that you had a conviction, but it was taken before a judge and he deemed it in the interest of justice to expunge/seal the record from public view.

Back to top

What if I want to become a police officer?

For California, once your juvenile records have been sealed, it is treated as though it never occurred, and you can deny it on any application, including an application to become a police officer. Furthermore, once your juvenile records are sealed, they are physically destroyed after a few years. Thus, it is highly unlikely that anyone would be able to know about it.

Back to top

What if the new job wants to call the court or my probation officer?

Your probation officer and the court are required to say that they have no record of your arrest.

Back to top

Can anyone access my juvenile record once it is set aside?

After your record has been set aside, the conviction can be used for impeachment purposes in a subsequent case or as a subsequent strike pursuant to the Three Strikes Law.

Back to top

What is the difference between sealing and setting aside?

If you were not sent to the California Youth Authority, we can seal your juvenile record which means that all records held by the police department, the court, the district attorney, and the probation department will be sealed. However, this does not apply to federal agencies.

If the juvenile was sent to the California Youth Authority and was subsequently honorably discharged, we can petition to have the verdict of guilt set-aside, thereby releasing the individual from the penalties and disabilities of the conviction. Setting aside the verdict pursuant to Section 1772 operates to restore the discharged offender's civil rights, releasing the offender “from all penalties and disabilities resulting from the offense or crime for which he or she was committed” as a matter of law.

Back to top

Has Proposition 21 done anything that will change my ability to seal my record?

Unfortunately, yes. Proposition 21 changed what juveniles are able to seal in two ways: a. If you were charged with a “serious violent felony” under 707(b) when you were 14 or older, you cannot seal this offense; and b. If your case was heard in adult court, and you were convicted in adult court, you cannot seal this record. However, you may be able to dismiss your conviction in adult court. Please see the section on expungement.

Back to top

What offenses are considered serious violent offenses under section 707(b)?

Murder, Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code, Robbery, Rape with force, violence, or threat of great bodily harm, Sodomy by force, violence, duress, menace, or threat of great bodily harm, A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code, Oral copulation by force, violence, duress, menace, or threat of great bodily harm, An offense specified in subdivision (a) of Section 289 of the Penal Code, Kidnapping for ransom, Kidnapping for purposes of robbery, Kidnapping with bodily harm, Attempted murder, Assault with a firearm or destructive device, Assault by any means of force likely to produce great bodily injury, Discharge of a firearm into an inhabited or occupied building, An offense described in Section 1203.09 of the Penal Code, an offense described in Section 12022.5 or 12022.53 of the Penal Code, A felony offense in which the minor personally used a weapon listed in subdivision (a) of Section 12020 of the Penal Code, A felony offense described in Section 136.1 or 137 of the Penal Code, Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code, A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code, Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape, Torture as described in Sections 206 and 206.1 of the Penal Code, Aggravated mayhem, as described in Section 205 of the Penal Code, Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon, Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code, Kidnapping as punishable in Section 209.5 of the Penal Code, The offense described in subdivision (c) of Section 12034 of the Penal Code, The offense described in Section 12308 of the Penal Code, Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code.

Back to top

What if I have convictions as an adult also?

If you have any felony convictions or misdemeanor convictions involving moral turpitude then you are not eligible to seal your juvenile record.

Back to top

What is moral turpitude?

Neither the legislature nor the courts in California have provided a clear definition of what “moral turpitude” means for purposes of sealing juvenile records. However, based on court cases dealing with other issues, there are two classes of “moral turpitude” crimes. The first class is crimes that involve “general readiness to do evil.” Examples of this include assault with a deadly weapon, murder, or other crimes involving intent to do violence and most sex crimes. The second class is crimes that involve dishonesty as an element, such as fraud, theft, or perjury.

Back to top

Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon be sealed.

Back to top

Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

Back to top

How long does the process take?

Typically, the case takes about eight to ten months.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

However, if you would like to speed up the process then we suggest that you go to the court and get your case documents. The court is reluctant to release juvenile court records to someone other than the juvenile and it takes longer to have them release them to our office versus the juvenile in the case.

Back to top

Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it sealed.

However, if you would like to speed up the process then we suggest that you go to the court and get your case documents. The court is reluctant to release juvenile court records to someone other than the juvenile and it takes longer to have them release them to our office versus the juvenile in the case.

Back to top

How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

Back to top

Do you have a money back guarantee?

We are unable to offer a money back guarantee and also offer our services at such a low price at the same time, because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys.

Back to top

Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

Back to top

What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee and we apply that to the total cost of any service that you hire us to perform.

Back to top

What if I have multiple cases?

Sealings must be filed and completed per case. Therefore, we charge per case and it does not matter how many counts are in each case. However, if you sign up for multiple cases then we discount the additional cases.

Back to top

If I was convicted of a felony, can I have it reduced?

If your offense is a “wobbler” then you can file with the court to have your felony reduced to a misdemeanor. A “wobbler” is an offense that could have been a misdemeanor or felony at the time of the conviction. It does not matter if you were sentenced to California Youth Authority. If you would like us to determine if your case is a “wobbler” then you can call our office with the Penal Code section number you were convicted of and the year that you were convicted.

Back to top

What is the main reason that a request to seal is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society, (4) adult convictions and (5) not paying fines.

Back to top

What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile.

Back to top

Will it relieve me of the requirement to register?

Yes. If your case is sealed then you no longer have to register.

Back to top

What happens after my conviction is sealed?

You will receive a court order sealing the records. Criminal record databases will be updated to reflect your records were sealed.

Back to top

How do the agencies know it was granted?

The court will send the granted order to the California Department of Justice. The California Department of Justice will then update their records and the criminal record databases will be updated to reflect that your case was sealed.

Back to top

How long does it take for the records to be updated?

The court updates the court records within 48 hours and the California Department of Justice has up to 30 days to update their records. However, the Department of Justice typically updates their records within the 30 days.

Back to top

Can I seal my traffic and parking violations?

No.

Back to top

Can I seal my DMV record?

Sealing does not affect your DMV records. However, after a certain number of years the DMV records fall off and disappear, unlike your criminal history which never changes unless you have the records sealed.

Back to top

Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have whatever information the United States has on record. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

Back to top

Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

Back to top

Can I vote after this?

You never lose the right to vote unless you are currently in prison or on parole for a felony. You can view information about voting rights at HYPERLINK "http://www.sos.ca.gov/elections/electionsvr.htm" http://www.sos.ca.gov/elections/electionsvr.htm

Back to top

Will it help with immigration?

It can still be viewed and considered when determining your immigration; however, it will appear better and may increase your chances during the immigration proceedings.

Back to top

Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

Back to top

Will this restore my right to own a firearm?

No. The two most common reasons for a person to lose their right to own or possess a firearm in California are (1) being convicted of a felony or (2) being convicted of misdemeanor domestic violence.

(1) If you were convicted of a felony, setting aside will not restore your right to own a firearm. To determine eligibility for restoration of the right to own a firearm, please see section on restoring gun rights.

(2) There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. The federal definition is narrower than California's definition, so your domestic violence conviction in might not trigger the federal law. Setting aside in California does not lift the federal prohibition.

Back to top