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If you have been convicted of a petition in the Juvenile Court system changes in the law may be in your favor to have the mater not only expunged but to have the records destroyed.  This would have a huge impact on changing your life and enabling you to move on with your future. 

As a former Juvenile Probation officer, Deput District Attorney, Adjunct Criminology Instructor and A Criminal Defense Attorney that has been practicing in the Juvenile Courts for for more than a Decade.  I can certainly help you with your Juvenile matter.

CHANGES IN THE LAW/WIC 786

There have been significant changes in the Welfare and Institutions Code that deal with sealing of Juvenile records.  Many of these changes indicate that if you were arrested and adjudicated in the Juvenile Court after one year your case will automatically be calendared for what is referred to as a Welfare and Instutitions Code section 786 hearing.  This means that if you have not violated your probation, or sometimes even if you have violated your probation, and you have not committed a Felony or a Misdameanor crime of moral turpitude, then you would get your records sealed.

This is more expansive than an expungement in adult court.  In adult court your record would only show the expungement update.  It would not contrary to what you may have heard destroy the records. Many people think and expungement destroys the record in adult court this is not accurate.

However, in Juvenile Court under the new law this would be accurate.  This is a huge distinction and differenene in the way the law was handles and how it is handled now.

This can help you get employment and just move on with your life.  Take advantage of this oppurtunity to get rid of the records of a past youthful indiscretion.

SEALING OF RECORDS PURSUANT TO WIC 781

781 deals with Juveniles that were before the court, before the changes in the law came into affect.

the law states in pertinent part:

In any case in which a petition has been filed with a Juvenile Court to commence proceedings to adjudge you a ward of the court; in any case in which you were cited to appear before a probation officer or are taken before a probation officer, pursuant to 626, or in any case in which you were taken before any officer of a Law Enforcement agency, you or the County Probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to your matter, or, in a case in which no petition has is filed, five years or more after you were cited to appear before a  probation officer pursuant to 626, or in any case at any time after you reach the age of 18 years, petition the court for sealing of the records including records of the arrest relating to your case records in the custody of juvenile courts or probation or law enforcement officicals, or any other agencies that you allege to have the records in your filings. 

As you can tell from the reading of this article this law is very expansive and good for former minors. All of the records in the hands of anyone that had anything to do with the former minors case have to be destroyed this is way more expensive than the law for adult expungement and helps the former minors much more in moving on with there lives.

there are some exceptiona dna caveats

Notwithstanding any other provisio of law, the court shall not order records sealed in any case in which you were found by the Juvenile Court to have committed an offense listed in subdivision(b) of Section 707  when you were 14 years of age or older.

AFFECT OF THE SEALING 

Once the court has your records sealed, the proceedings in the case shall be deemed to never had occurred, and you may reply accordingly to any inquiry abou the events, to never have occurred, and you may properly reply accordingly to any inquiry about the events, the records of which have been sealed as having never occurred.

This section does not allow for the sealing of records for offenses listed in section 707.1.

PROCEDURE FOR SEALING OF RECORDS

Thes proceedings may be different for different counties but they will be similiar to the ones listed below.

After reviewing the above information if you wish to petition the Court for a Sealing of your records do the following:

1. Appear at the Probation Office.

2. Request a complete sealing packet, which will be provided to you by probation staff. 

3. Pay a processing fee.

4. Haven and interview with the probation officer. 

5. At this meeting you will need to provide all necessary paperwork and documentation.

6. If your request for sealing is not being objected to by any responding agency, you will recieve documentation.

7. At the scheduled future hearing, you are expected to appear in person.  Failure to appear may result in a denial of your petition.   and all monies forfeited.

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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