Clearing Juvenile Strikes: Can a Juvenile Strike Be Expunged in California?

California’s juvenile justice system recognizes the potential for rehabilitation, but certain offenses can carry lifelong consequences. If you’re wondering, Can a juvenile strike be expunged in California? the answer depends on the offense, the offender’s age, and whether specific conditions are met. Here’s a comprehensive look at the expungement process for juvenile strikes in California.

What Is a Juvenile Strike Under California Law?

A juvenile strike refers to certain offenses committed by minors that are classified as serious or violent felonies under California’s Three Strikes Law. To qualify as a strike, four conditions must be met:

The offender was at least 16 years old at the time of the offense.
The juvenile was deemed fit to be tried in juvenile court.
The offense qualifies as a serious or violent felony.
The juvenile was adjudicated a ward of the court for committing the offense.

Strikes remain on record and can significantly impact future criminal proceedings, which is why many seek to expunge them.

Which Juvenile Strikes Can Be Expunged?

Not all juvenile strikes are eligible for expungement. To qualify, the offender must meet one of the following conditions:

Be at least 21 years old and have completed supervision by the Division of Juvenile Justice.
Be at least 18 years old and have completed probation.

Even if these conditions are met, expungement is not guaranteed. The court evaluates each case individually and may choose to grant or deny the request.

Juvenile Strikes That Cannot Be Expunged

Some offenses are excluded from expungement, including:

Serious sex offenses listed under California Welfare and Institutions Code 707(b).
Offenses committed by juveniles aged 14 or older who are required to register as sex offenders.

Examples of serious sex offenses that cannot be expunged include:

Rape involving force, violence, or threat of great bodily harm.
Sodomy under duress or threat of harm.
Lewd acts under Penal Code Section 288(b).
Oral copulation by force or threat of harm.

How Expungement Works for Eligible Juvenile Strikes

Expungement does not erase the juvenile record entirely. Instead, the court seals the record, making it inaccessible to the public. However, sealed records can still be accessed by the prosecution, probation officers, or the court if the juvenile is later convicted of a felony.

Steps to Request Expungement

To begin the expungement process, you or your attorney must petition the court. During the hearing, you can present evidence supporting your request, such as compliance with probation or rehabilitation efforts.

The judge will consider factors like:

The severity of the offense.
The individual’s conduct since the offense.
Whether expungement aligns with justice and public safety.

If the petition is approved, the record will be sealed, though it will not be destroyed.

Benefits of Expunging or Sealing a Juvenile Record

Clearing a juvenile record offers significant advantages, including:

Improved Privacy: Once a record is sealed, individuals can legally state they have no juvenile record when applying for jobs, housing, or education opportunities.
Employment Opportunities: Employers cannot consider sealed juvenile records during the hiring process.

However, some exceptions exist. Federal agencies and the military may still access sealed records, and certain positions requiring security clearance might disclose past juvenile offenses.

Juvenile Strikes and Their Long-Term Impact

A juvenile strike can have long-lasting consequences, especially if the individual faces future criminal charges. Strikes increase penalties under California’s Three Strikes Law, making expungement a critical step for eligible individuals seeking a fresh start.

When Expungement May Not Be Possible

If expungement is not an option due to the nature of the offense, working with an experienced attorney can still help mitigate the impact. Alternatives include reducing charges or demonstrating compliance with legal requirements to improve future outcomes.

Take Control of Your Juvenile Record

If you have a juvenile strike on your record, understanding your rights and options is crucial. Expunging eligible offenses can open doors to better opportunities and provide peace of mind. At Law Office of Michael L. Fell, we are dedicated to helping clients navigate the complexities of California’s juvenile justice system and fight for a brighter future.