California Set Aside Juvenile Record Frequently Asked Questions

Why would I want to set aside my juvenile record?

The court does not automatically set aside, expunge, or seal the records of someone committed to the California Youth Authority. Once a California Youth Authority record is set aside, it releases 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.

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Will it still show up on my background check?

If your juvenile case is set aside, the juvenile convictions on your record will show that the conviction has been set aside and your case has been dismissed. If the employer is only searching for convictions then the case should not appear because it will be a dismissed case.

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

Yes. 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.

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

You can truthfully say you were not convicted to any question for employment. Even though the case may be viewed on extensive background checks, it will appear as a dismissed case and not a conviction. This will certainly increase your chances.

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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.

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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.

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What if I want to become a police officer?

For California, once your juvenile records have been set aside, you will need to acknowledge the juvenile offense but can also state that the conviction has been set aside and dismissed. For purposes of employment as a peace officer, you may be appointed and employed as a peace officer by the Department of Youth Authority if either (1) at least five years has passed since the honorable discharge and you do not have any misdemeanor or felony convictions except for traffic misdemeanors since the discharge, or (2) you were employed as a peace officer by the Department of the Youth Authority on or before January 1, 1983. If you have an adult felony conviction then that may influence your ability to become a peace officer. Please view the felony expungement Frequently Asked Questions for more information.

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

Many courts and probation officers do not disclose juvenile cases but if the employer does receive information regarding the case then they will see that the judge set it aside.

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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 have the juvenile adjudication off of your record.

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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.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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How long does the process take?

Typically, the case takes about six to eight 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 released to our office versus the juvenile in the case.

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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 set aside. However, if you would like to speed up the process then you can go to the court and pull the records yourself and that will speed the process up by a few weeks.

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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 s 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.

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Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

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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.

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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 to do it and we apply that to the cost of any service that you hire us to perform.

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Does it matter if I pled guilty or no contest?

No, it does not matter. We can set aside your adjudication regardless of what you pled.

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What does honorable discharge mean?

Honorable discharge means and includes people that are discharged based upon a good record on parole.

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What is the main reason that a request to set aside 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) violating probation and (5) not paying fines.

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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 at that time, we may recommend the person wait longer to refile.

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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 if it is set aside.

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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 are 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 and the American government have the same information. 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.

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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 record sealing could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

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Can I clear my federal conviction?

You can only seal 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.

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Will this restore my right to own a firearm?

No. If you were convicted of a felony, setting aside will not restore your right to own a firearm. However, it may be possible to reduce your felony to a misdemeanor pursuant to Penal Code Section 17(c), which will restore your right to own a firearm.

Reductions must be applied for separately from setting aside the juvenile offense.

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