When a minor is arrested and charged with a crime in San Juan Capistrano, CA, parents and families often assume that because the juvenile justice system is designed to rehabilitate rather than punish, any record created will simply disappear when the child turns 18. Unfortunately, that assumption is not always accurate. Juvenile records can have real and lasting consequences, and whether a record can be sealed depends on a number of factors that are worth understanding early in the process.
How Juvenile Records Differ from Adult Records
California's juvenile justice system operates separately from the adult criminal court system and is governed by different rules and principles. The emphasis is on rehabilitation, and proceedings are generally confidential. However, confidentiality does not mean the record does not exist — it means access to it is restricted under normal circumstances.
In most cases, juvenile records are not automatically destroyed when a minor turns 18. They remain on file and can potentially be accessed in certain situations, including by law enforcement, some licensing boards, and in proceedings where the juvenile is later charged as an adult.
What Are the Potential Long-Term Consequences?
Even a sealed juvenile record can create complications in specific circumstances. More significantly, records that have not been sealed can surface during background checks for employment, professional licensing, military service, or college applications. Certain serious juvenile adjudications — particularly those involving crimes that would be felonies if committed by an adult — can also affect a young person's ability to possess firearms or qualify for certain government benefits.
For minors who are tried as adults due to the severity of the offense, the consequences mirror those of an adult conviction entirely, including a permanent criminal record that does not benefit from the juvenile system's confidentiality protections.
Can a Juvenile Record Be Sealed in California?
Yes — California law provides a process for sealing juvenile records, and for many young people it is one of the most important legal steps they can take as they move into adulthood. Under Welfare and Institutions Code Section 781, a person may petition to have their juvenile record sealed if they are at least 18 years old or if five years have passed since the jurisdiction of the juvenile court terminated, they have not been convicted of a felony or a misdemeanor involving moral turpitude as an adult, and there is no pending civil litigation arising from the juvenile offense.
When a juvenile record is sealed, it is inaccessible to the public and most employers, and the individual can lawfully state in most contexts that they have not been adjudicated for a juvenile offense.
When Sealing Is Not Available
Not all juvenile records are eligible for sealing. Certain serious offenses — including those listed under Welfare and Institutions Code Section 707(b), such as murder, robbery, and certain sexual offenses — are not eligible. An experienced attorney can evaluate the specific record and determine whether sealing is available and how to pursue it effectively.
Law Office of Michael L. Fell Helps Families Navigate Juvenile Cases in San Juan Capistrano
Whether you are dealing with an active juvenile case or seeking to seal an old record in San Juan Capistrano or anywhere in Orange County, Law Office of Michael L. Fell can guide your family through the process. Call (949) 585-9055 today to schedule a consultation.