A. Who is Eligible? 

 781(a)(1)(A) 

• If a petition has been filed with a juvenile court to commence proceedings to adjudge a person a Ward of the court
• If a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626 PC
• If a minor is taken before any officer of a law enforcement agency

1. 5 years or more after court jurisdiction terminated
2. If a petition was not filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or any law enforcement agency
3. Any time after the person has reached 18 years of age.

B. Who is NOT eligible to seal their record?

1.  If the petitioner was convicted as an adult of an offense involving moral turpitude, such as: a sex or serious drug crime; murder or other violent crime; or forgery, welfare fraud or other crime of dishonesty.
2. If, when a youth was 14 or older, the court found they committed a sex offense listed in Welfare and Institutions Code section 707(b) for which they must register under Penal Code section 290.008 because they were paroled from the Department of Juvenile facilities.

C. Ways Record is Sealed

1. As of January 1, 2015, Courts are required to seal records in certain cases when the court finds that probation is satisfactorily completed or if the case was otherwise dismissed after the petition was filed.
2. You may file a petition asking the Court to seal your record.
3. You may retain an attorney to do the same on your behalf.
4. You may ask the Probation Officer to petition the Court on your behalf.

I. Welfare and Institutions Code 786

A. Who is Eligible?

 786(a)

• A person alleged or found to be a ward of the court who satisfactorily completed an informal program of supervision pursuant to Section 654.2 or 725 WIC

786.5(a)

• Upon satisfactory completion of a program of diversion or supervision where a petition is not filed, including informal supervision per Section 654 WIC

1. As of January 1, 2018, if a youth participated in a diversion program or other supervision program instead of going to court, and the Probation Department determines they satisfactorily completed that program, the Probation Department will seal their Probation Department records and the records for any program the youth was required to complete. 
2. If probation determines the youth did not complete successfully, they must notify them in writing as to the reasons why and the youth must then petition the court if they would like to have their record sealed.
3. Probation will notify the law enforcement agency and any other services to seal the record once it has been determined the youth has successfully completed their program.

B. Who is NOT eligible to seal their record?

1.  See Section B under 781.

C. Accessing Sealed information

1.  Probation may access a record sealed by a Probation Department for the sole purpose of complying with subdivision (e) of Section 654.3 (determining eligibility for informal probation). It shall remain confidential and shall not be disseminated to any other person or agency. Access to, or inspection of, authorized by this section shall not be deemed an unsealing of the record.

D. In which county do I file a petition to seal (whether by me, an attorney or a Probation Officer)?

1.  The county that last had jurisdiction over your juvenile matter. That is, if you went to court, the county in which you last went to court. If you did not go to court, it is the county in which you were cited/arrested, or saw a probation officer.

E. What other factors might the Court consider in deciding whether to grant my request/petition?

1.  Is there a civil law suit pending against you related to the any part of your juvenile record?
2. Have you had any recent arrests or situations, including traffic matters?
3. Are you currently on any kind of probation or parole?
4. Do you owe any court ordered fines or fees? (If so, you should pay these before requesting a record seal.)

F. Is there a fee I must pay?

1.  No.

G. I am ready to ask the Probation Officer to file a petition to seal my record. What are the steps?

1.  Link here for Application for Petition to Seal Juvenile Record. You can also obtain an application in person at the Yolo County Probation Department office (725 Court Street, Woodland, CA 95695).
2. Complete the application. Use extra paper if needed. Be sure to list every police agency, probation department and court that was involved in your past record. Write what you have been doing since probation ended. Answer all the questions. Providing too much information is better than not providing enough.
3. Take or mail the completed application to the Yolo County Probation Department. Keep a copy.
4. You will next be contacted by the Probation Officer. Receipt of your application will be acknowledged. Additional information or clarification might be needed from you. You will be advised that he/she will or will not be filing the petition. If not, you will be given the reason both verbally and in writing.

H. What does the Probation Officer do?

1.  After receiving your application, he/she will contact you, as noted above. He/she will conduct an investigation into your background and current situation to determine if you are eligible and suitable to have your record sealed.
2. If you are deemed ineligible, you will be notified verbally and in writing with an explanation regarding why your application was denied, as well as if and when you might be eligible to reapply in the future. The Probation Officer will not be filing a petition on your behalf. If you feel the Probation Officer was wrong in his/her analysis, you can contact an attorney or file a petition yourself.
3. If the officer finds that you are eligible, you will be notified of this and, as noted above, will
   receive a copy of the officer’s “Notice of Petition and Petition for Order Sealing Juvenile Record and Recommendation of the Probation Officer and Order.” After you receive this document, contact the officer to confirm the date, time and location of your court hearing. The court sometimes changes dates/times/locations. You should attend that hearing.
4. At the court hearing, the Probation Officer will make a recommendation to the Judge as to whether you are suitable to have your record sealed as a person who has satisfactorily attained rehabilitation. The Judge will either rule for or against the petition. The judge usually, but not always, follows the officer’s recommendation. You also will have opportunity to speak to the judge, if desired. The judge might ask you questions.

I. What happens if the judge orders my record to be sealed?

1.  The proceedings in the case shall be deemed never to have occurred, and you may properly reply accordingly to any inquiry about the events. It should be noted that this does not apply to inquires you might receive from a Federal agency such as military service, employment screens, etc.
2. The court clerk will send a copy of the court order to each agency and official named in the petition, directing them to seal whatever record they may have in their possession, and directing them to advise the court of compliance with the order. (This is why it is important for you to list every agency in your application.)
3. Special consideration: Laws related to records kept by the California Department of Motor Vehicle have special considerations and limitations. If your juvenile record includes adjudication for a crime that might affect your DMV record, it is recommended that you review Welfare and Institutions Code section 781(c).
4. Generally, once your record is sealed, it cannot be unsealed unless you request it. Unsealing a record for any purpose requires a court hearing and a special order.

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