AB 2952: Juvenile records: sealed records: access.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-30
(1)Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires a judge of the juvenile court to dismiss a petition if the ward satisfactorily completes an informal program of supervision, probation, or a term of probation, as specified. Existing law requires the court to order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Existing law authorizes the sealed records of juveniles to be accessed, inspected, or utilized only under limited circumstances.
This bill would authorize a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under these provisions in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation, subject to approval by the court, as specified. The bill would establish procedural requirements that would apply to the court and the prosecuting attorney under these provisions, as specified.
(2)Existing law authorizes a court and a state or local agency to access certain sealed juvenile records for the limited purpose of complying with data collection or data reporting requirements imposed by other provisions of law. Existing law authorizes a court to grant a researcher or research organization access to information contained in those records, as specified.
Existing law requires a probation department to seal the records of a juvenile upon satisfactory completion of a program of diversion or supervision to which the juvenile is referred by the probation officer or the prosecutor in lieu of filing a petition to adjudge the juvenile a ward. Existing law also requires a public or private agency operating a diversion program to seal the records in its custody for that juvenile, as specified.
This bill would authorize a court, a state or local agency, and, subject to approval by a court, a researcher or research organization to access those juvenile records sealed by the probation department or the agency operating a diversion program, for the limited purpose of complying with data collection or data reporting requirements, as specified.
(3)This bill would incorporate additional changes to Section 786 of the Welfare and Institutions Code proposed by SB 1281 to be operative only if this bill and SB 1281 are enacted and this bill is enacted last.
(1)Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires a judge of the juvenile court to dismiss a petition if the ward satisfactorily completes an informal program of supervision, probation, or a term of probation, as specified. Existing law requires the court to order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Existing law authorizes the sealed records of juveniles to be accessed, inspected, or utilized only under limited circumstances.
This bill would authorize a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under these provisions in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation, subject to approval by the court, as specified. The bill would establish procedural requirements that would apply to the court and the prosecuting attorney under these provisions, as specified.
(2)Existing law authorizes a court and a state or local agency to access certain sealed juvenile records for the limited purpose of complying with data collection or data reporting requirements imposed by other provisions of law. Existing law authorizes a court to grant a researcher or research organization access to information contained in those records, as specified.
Existing law requires a probation department to seal the records of a juvenile upon satisfactory completion of a program of diversion or supervision to which the juvenile is referred by the probation officer or the prosecutor in lieu of filing a petition to adjudge the juvenile a ward. Existing law also requires a public or private agency operating a diversion program to seal the records in its custody for that juvenile, as specified.
This bill would authorize a court, a state or local agency, and, subject to approval by a court, a researcher or research organization to access those juvenile records sealed by the probation department or the agency operating a diversion program, for the limited purpose of complying with data collection or data reporting requirements, as specified.
(3)This bill would incorporate additional changes to Section 786 of the Welfare and Institutions Code proposed by SB 1281 to be operative only if this bill and SB 1281 are enacted and this bill is enacted last.
(1)Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires a judge of the juvenile court to dismiss a petition if the ward satisfactorily completes an informal program of supervision, probation, or a term of probation, as specified. Existing law requires the court to order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Existing law authorizes the sealed records of juveniles to be accessed, inspected, or utilized only under limited circumstances.
This bill would authorize a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under these provisions in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation, subject to approval by the court, as specified. The bill would establish procedural requirements that would apply to the court and the prosecuting attorney under these provisions, as specified.
(2)Existing law authorizes a court and a state or local agency to access certain sealed juvenile records for the limited purpose of complying with data collection or data reporting requirements imposed by other provisions of law. Existing law authorizes a court to grant a researcher or research organization access to information contained in those records, as specified.
Existing law requires a probation department to seal the records of a juvenile upon satisfactory completion of a program of diversion or supervision to which the juvenile is referred by the probation officer or the prosecutor in lieu of filing a petition to adjudge the juvenile a ward. Existing law also requires a public or private agency operating a diversion program to seal the records in its custody for that juvenile, as specified.
This bill would authorize a court, a state or local agency, and, subject to approval by a court, a researcher or research organization to access those juvenile records sealed by the probation department or the agency operating a diversion program, for the limited purpose of complying with data collection or data reporting requirements, as specified.
(3)This bill would incorporate additional changes to Section 786 of the Welfare and Institutions Code proposed by SB 1281 to be operative only if this bill and SB 1281 are enacted and this bill is enacted last.
(1)Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires a judge of the juvenile court to dismiss a petition if the ward satisfactorily completes an informal program of supervision, probation, or a term of probation, as specified. Existing law requires the court to order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Existing law authorizes the sealed records of juveniles to be accessed, inspected, or utilized only under limited circumstances.
This bill would authorize a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under these provisions in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation, subject to approval by the court, as specified. The bill would establish procedural requirements that would apply to the court and the prosecuting attorney under these provisions, as specified.
(2)Existing law authorizes a court and a state or local agency to access certain sealed juvenile records for the limited purpose of complying with data collection or data reporting requirements imposed by other provisions of law. Existing law authorizes a court to grant a researcher or research organization access to information contained in those records, as specified.
Existing law requires a probation department to seal the records of a juvenile upon satisfactory completion of a program of diversion or supervision to which the juvenile is referred by the probation officer or the prosecutor in lieu of filing a petition to adjudge the juvenile a ward. Existing law also requires a public or private agency operating a diversion program to seal the records in its custody for that juvenile, as specified.
This bill would authorize a court, a state or local agency, and, subject to approval by a court, a researcher or research organization to access those juvenile records sealed by the probation department or the agency operating a diversion program, for the limited purpose of complying with data collection or data reporting requirements, as specified.
Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law requires a judge of the juvenile court to dismiss a petition if the ward satisfactorily completes an informal program of supervision, probation, or a term of probation, as specified. Existing law requires the court to order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Existing law authorizes the sealed records of juveniles to be accessed, inspected, or utilized only under limited circumstances.
This bill would authorize a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under these provisions in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation, subject to approval by the court, as specified. The bill would establish procedural requirements that would apply to the court and the prosecuting attorney under these provisions, as specified.
(a)If a person who has been alleged or found to be a ward of the juvenile court satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)If a person who has been alleged to be a ward of the juvenile court has his or her petition dismissed by the court, whether on the motion of the prosecution or on the courts own motion, or if the petition is not sustained by the court after an adjudication hearing, the court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(f)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(g)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine whether the case should be transferred to a court of criminal jurisdiction, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining if such a transfer is appropriate. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)By the probation department of any county to access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(H)The child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent may access a record that has been ordered sealed by the court under this section for the limited purpose of determining an appropriate placement or service that has been ordered for the minor or nonminor dependent by the court. The information contained in the sealed record and accessed by the child welfare worker or agency under this subparagraph may be shared with the court but shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to the sealed record under this subparagraph shall not be construed as a modification of the courts order dismissing the petition and sealing the record in the case.
(I)A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutors rationale for believing that access to the information in the record is necessary to meet the disclosure obligation, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall notify the person having the sealed record, including the persons attorney of record, that the court is considering the prosecutors request to access the record, and the court shall provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutors request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorneys request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subparagraph.
(2)When a record has been sealed by the court based on a dismissed petition pursuant to subdivision (e), the prosecutor, within six months of the date of dismissal, may petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, including, but not limited to, new evidence or witness availability. The court shall determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition.
(3)Access to, or inspection of, a sealed record authorized by paragraphs (1) and (2) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(h)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(i)This section does not prohibit the State Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(j)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 1.5.Section 786 of the Welfare and Institutions Code is amended to read:786.(a)If a person who has been alleged or found to be a ward of the juvenile court satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)If a person who has been alleged to be a ward of the juvenile court has his or her petition dismissed by the court, whether on the motion of the prosecution or on the courts own motion, or if the petition is not sustained by the court after an adjudication hearing, the court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(f)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(g)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine whether the case should be transferred to a court of criminal jurisdiction, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining if such a transfer is appropriate. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)By the probation department of any county to access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(H)The child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent may access a record that has been ordered sealed by the court under this section for the limited purpose of determining an appropriate placement or service that has been ordered for the minor or nonminor dependent by the court. The information contained in the sealed record and accessed by the child welfare worker or agency under this subparagraph may be shared with the court but shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to the sealed record under this subparagraph shall not be construed as a modification of the courts order dismissing the petition and sealing the record in the case.
(I)By the prosecuting attorney for the evaluation of charges and prosecution of offenses pursuant to Section 29820 of the Penal Code.
(J)By the Department of Justice for the purpose of determining if the person is suitable to purchase, own, or possess a firearm, consistent with Section 29820 of the Penal Code.
(K)A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutors rationale for believing that access to the information in the record is necessary to meet the disclosure obligation, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall notify the person having the sealed record, including the persons attorney of record, that the court is considering the prosecutors request to access the record, and the court shall provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutors request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorneys request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subparagraph.
(2)When a record has been sealed by the court based on a dismissed petition pursuant to subdivision (e), the prosecutor, within six months of the date of dismissal, may petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, including, but not limited to, new evidence or witness availability. The court shall determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition.
(3)Access to, or inspection of, a sealed record authorized by paragraphs (1) and (2) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(h)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(i)This section does not prohibit the State Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(j)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 of the Welfare and Institutions Code is amended to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1281. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1281, in which case Section 1 of this bill shall not become operative.
(a)If a person who has been alleged or found to be a ward of the juvenile court satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)If a person who has been alleged to be a ward of the juvenile court has his or her petition dismissed by the court, whether on the motion of the prosecution or on the courts own motion, or if the petition is not sustained by the court after an adjudication hearing, the court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(f)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(g)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine whether the case should be transferred to a court of criminal jurisdiction, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining if such a transfer is appropriate. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)By the probation department of any county to access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(H)The child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent may access a record that has been ordered sealed by the court under this section for the limited purpose of determining an appropriate placement or service that has been ordered for the minor or nonminor dependent by the court. The information contained in the sealed record and accessed by the child welfare worker or agency under this subparagraph may be shared with the court but shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to the sealed record under this subparagraph shall not be construed as a modification of the courts order dismissing the petition and sealing the record in the case.
(I)A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutors rationale for believing that access to the information in the record is necessary to meet the disclosure obligation, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall notify the person having the sealed record, including the persons attorney of record, that the court is considering the prosecutors request to access the record, and the court shall provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutors request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorneys request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subparagraph.
(2)When a record has been sealed by the court based on a dismissed petition pursuant to subdivision (e), the prosecutor, within six months of the date of dismissal, may petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, including, but not limited to, new evidence or witness availability. The court shall determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition.
(3)Access to, or inspection of, a sealed record authorized by paragraphs (1) and (2) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(h)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(i)This section does not prohibit the State Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(j)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 1.5.Section 786 of the Welfare and Institutions Code is amended to read:786.(a)If a person who has been alleged or found to be a ward of the juvenile court satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)If a person who has been alleged to be a ward of the juvenile court has his or her petition dismissed by the court, whether on the motion of the prosecution or on the courts own motion, or if the petition is not sustained by the court after an adjudication hearing, the court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(f)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(g)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine whether the case should be transferred to a court of criminal jurisdiction, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining if such a transfer is appropriate. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)By the probation department of any county to access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(H)The child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent may access a record that has been ordered sealed by the court under this section for the limited purpose of determining an appropriate placement or service that has been ordered for the minor or nonminor dependent by the court. The information contained in the sealed record and accessed by the child welfare worker or agency under this subparagraph may be shared with the court but shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to the sealed record under this subparagraph shall not be construed as a modification of the courts order dismissing the petition and sealing the record in the case.
(I)By the prosecuting attorney for the evaluation of charges and prosecution of offenses pursuant to Section 29820 of the Penal Code.
(J)By the Department of Justice for the purpose of determining if the person is suitable to purchase, own, or possess a firearm, consistent with Section 29820 of the Penal Code.
(K)A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutors rationale for believing that access to the information in the record is necessary to meet the disclosure obligation, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall notify the person having the sealed record, including the persons attorney of record, that the court is considering the prosecutors request to access the record, and the court shall provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutors request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorneys request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subparagraph.
(2)When a record has been sealed by the court based on a dismissed petition pursuant to subdivision (e), the prosecutor, within six months of the date of dismissal, may petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, including, but not limited to, new evidence or witness availability. The court shall determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition.
(3)Access to, or inspection of, a sealed record authorized by paragraphs (1) and (2) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(h)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(i)This section does not prohibit the State Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(j)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 of the Welfare and Institutions Code is amended to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1281. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1281, in which case Section 1 of this bill shall not become operative.
(a)If a person who has been alleged or found to be a ward of the juvenile court satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)If a person who has been alleged to be a ward of the juvenile court has his or her petition dismissed by the court, whether on the motion of the prosecution or on the courts own motion, or if the petition is not sustained by the court after an adjudication hearing, the court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(f)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(g)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine whether the case should be transferred to a court of criminal jurisdiction, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining if such a transfer is appropriate. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)By the probation department of any county to access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(H)The child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent may access a record that has been ordered sealed by the court under this section for the limited purpose of determining an appropriate placement or service that has been ordered for the minor or nonminor dependent by the court. The information contained in the sealed record and accessed by the child welfare worker or agency under this subparagraph may be shared with the court but shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to the sealed record under this subparagraph shall not be construed as a modification of the courts order dismissing the petition and sealing the record in the case.
(I)A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutors rationale for believing that access to the information in the record is necessary to meet the disclosure obligation, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall notify the person having the sealed record, including the persons attorney of record, that the court is considering the prosecutors request to access the record, and the court shall provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutors request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorneys request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subparagraph.
(2)When a record has been sealed by the court based on a dismissed petition pursuant to subdivision (e), the prosecutor, within six months of the date of dismissal, may petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, including, but not limited to, new evidence or witness availability. The court shall determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition.
(3)Access to, or inspection of, a sealed record authorized by paragraphs (1) and (2) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(h)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(i)This section does not prohibit the State Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(j)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 1.5.Section 786 of the Welfare and Institutions Code is amended to read:786.(a)If a person who has been alleged or found to be a ward of the juvenile court satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)If a person who has been alleged to be a ward of the juvenile court has his or her petition dismissed by the court, whether on the motion of the prosecution or on the courts own motion, or if the petition is not sustained by the court after an adjudication hearing, the court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(f)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(g)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine whether the case should be transferred to a court of criminal jurisdiction, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining if such a transfer is appropriate. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)By the probation department of any county to access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(H)The child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent may access a record that has been ordered sealed by the court under this section for the limited purpose of determining an appropriate placement or service that has been ordered for the minor or nonminor dependent by the court. The information contained in the sealed record and accessed by the child welfare worker or agency under this subparagraph may be shared with the court but shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to the sealed record under this subparagraph shall not be construed as a modification of the courts order dismissing the petition and sealing the record in the case.
(I)By the prosecuting attorney for the evaluation of charges and prosecution of offenses pursuant to Section 29820 of the Penal Code.
(J)By the Department of Justice for the purpose of determining if the person is suitable to purchase, own, or possess a firearm, consistent with Section 29820 of the Penal Code.
(K)A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutors rationale for believing that access to the information in the record is necessary to meet the disclosure obligation, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall notify the person having the sealed record, including the persons attorney of record, that the court is considering the prosecutors request to access the record, and the court shall provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutors request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorneys request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subparagraph.
(2)When a record has been sealed by the court based on a dismissed petition pursuant to subdivision (e), the prosecutor, within six months of the date of dismissal, may petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, including, but not limited to, new evidence or witness availability. The court shall determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition.
(3)Access to, or inspection of, a sealed record authorized by paragraphs (1) and (2) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(h)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(i)This section does not prohibit the State Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(j)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 of the Welfare and Institutions Code is amended to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 3.Section 1.5 of this bill incorporates amendments to Section 786 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 1281. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 786 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 1281, in which case Section 1 of this bill shall not become operative.
(a)If a person who has been alleged or found to be a ward of the juvenile court satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)If a person who has been alleged to be a ward of the juvenile court has his or her petition dismissed by the court, whether on the motion of the prosecution or on the courts own motion, or if the petition is not sustained by the court after an adjudication hearing, the court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(f)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(g)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine whether the case should be transferred to a court of criminal jurisdiction, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining if such a transfer is appropriate. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)By the probation department of any county to access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(H)The child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent may access a record that has been ordered sealed by the court under this section for the limited purpose of determining an appropriate placement or service that has been ordered for the minor or nonminor dependent by the court. The information contained in the sealed record and accessed by the child welfare worker or agency under this subparagraph may be shared with the court but shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to the sealed record under this subparagraph shall not be construed as a modification of the courts order dismissing the petition and sealing the record in the case.
(I)A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutors rationale for believing that access to the information in the record is necessary to meet the disclosure obligation, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall notify the person having the sealed record, including the persons attorney of record, that the court is considering the prosecutors request to access the record, and the court shall provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutors request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorneys request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subparagraph.
(2)When a record has been sealed by the court based on a dismissed petition pursuant to subdivision (e), the prosecutor, within six months of the date of dismissal, may petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, including, but not limited to, new evidence or witness availability. The court shall determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition.
(3)Access to, or inspection of, a sealed record authorized by paragraphs (1) and (2) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(h)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(i)This section does not prohibit the State Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(j)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
SEC. 2.Section 787 of the Welfare and Institutions Code is amended to read:787.(a)Notwithstanding any other law, a record sealed pursuant to Section 781 or 786 781, 786, or 786.5 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b)Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781 or 786 781, 786, or 786.5 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1)The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2)Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c)For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
(a)If a person who has been alleged or found to be a ward of the juvenile court satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(b)Upon the courts order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
(c)(1)For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if he or she has not failed to substantially comply with the reasonable orders of supervision or probation that are within his or her capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section.
(2)An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section.
(d)A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in subdivision (b) of Section 707.
(e)If a person who has been alleged to be a ward of the juvenile court has his or her petition dismissed by the court, whether on the motion of the prosecution or on the courts own motion, or if the petition is not sustained by the court after an adjudication hearing, the court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the courts order that was received. The court shall also provide notice to the person and the persons counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the persons right to nondisclosure of the arrest and proceedings, as specified in subdivision (b).
(f)(1)The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section.
(2)An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual.
(g)(1)A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances:
(A)By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3.
(B)By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C)If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minors previous court-ordered programs or placements, and in that event solely to determine the individuals eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor.
(D)Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(E)Upon the prosecuting attorneys motion, made in accordance with Section 707, to initiate court proceedings to determine whether the case should be transferred to a court of criminal jurisdiction, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining if such a transfer is appropriate. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the courts order dismissing the petition and sealing the record in the prior case.
(F)By the person whose record has been sealed, upon his or her request and petition to the court to permit inspection of the records.
(G)By the probation department of any county to access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance.
(H)The child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent may access a record that has been ordered sealed by the court under this section for the limited purpose of determining an appropriate placement or service that has been ordered for the minor or nonminor dependent by the court. The information contained in the sealed record and accessed by the child welfare worker or agency under this subparagraph may be shared with the court but shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to the sealed record under this subparagraph shall not be construed as a modification of the courts order dismissing the petition and sealing the record in the case.
(I)A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutors rationale for believing that access to the information in the record is necessary to meet the disclosure obligation, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall notify the person having the sealed record, including the persons attorney of record, that the court is considering the prosecutors request to access the record, and the court shall provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutors request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorneys request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subparagraph.
(2)When a record has been sealed by the court based on a dismissed petition pursuant to subdivision (e), the prosecutor, within six months of the date of dismissal, may petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, including, but not limited to, new evidence or witness availability. The court shall determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition.
(3)Access to, or inspection of, a sealed record authorized by paragraphs (1) and (2) shall not be deemed an unsealing of the record and shall not require notice to any other agency.
(h)(1)This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minors records are sealed.
(2)A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order.
(i)This section does not prohibit the State Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute.
(j)The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts.
|
Date
|
Status
|
|---|---|
| Sep 30, 2018 | Chaptered by Secretary of State - Chapter 1002, Statutes of 2018. |
| Sep 30, 2018 | Approved by the Governor. |
| Sep 7, 2018 | Enrolled and presented to the Governor at 2:30 p.m. |
| Aug 29, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 27, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77. |
| Aug 27, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 22, 2018 | Read second time. Ordered to third reading. |
| Aug 21, 2018 | Read third time and amended. Ordered to second reading. |
| Aug 9, 2018 | From Consent Calendar. |
| Aug 7, 2018 | Read second time. Ordered to Consent Calendar. |
| Aug 6, 2018 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 20, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on APPR. |
| Jun 11, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| May 24, 2018 | Referred to Com. on PUB. S. |
| May 10, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 10, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 3, 2018 | Read second time. Ordered to Consent Calendar. |
| May 2, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 2). |
| Apr 17, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 17). Re-referred to Com. on APPR. |
| Mar 12, 2018 | Referred to Com. on PUB. S. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2018 | AB 2952 STONE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2018 | Assembly 3rd Reading AB2952 Mark Stone By Stern | Senate Floor |
Passed |
|
| Jun 19, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 10, 2018 | AB 2952 STONE Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 2, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Attorneys For Criminal Justice | ** Support | Aug 22, 2018 |
| California Public Defenders Association | ** Support | Aug 22, 2018 |
| Commonweal Juvenile Justice Program | ** Support | Aug 22, 2018 |
| Juvenile Court Judges of California | ** Support | Aug 22, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2952
Author:(Mark Stone)
As Amended Ver:August 21, 2018
Majority vote
ASSEMBLY: | 73-0 | (May 10, 2018) | SENATE: | 38-0 | (August 27, 2018) |
Original Committee Reference: PUB. S.
SUMMARY: Provides that a prosecutor may access, inspect, or use certain juvenile records that have been sealed by the court if the prosecutor believes that it is necessary to meet a legal obligation to provide exculpatory evidence to a defendant in a criminal case.
The Senate amendments:
- Allow juvenile records sealed by the probation department to be accessed consistent with juvenile records sealed by the court, for the limited purposes of complying with data collection or data reporting requirements, and, in specific circumstances, research on juvenile justice populations, practices, policies, or trends.
- Double joint this bill with SB 1281 (Stern) of the current legislative session to avoid chaptering issues.
EXISTING LAW:
- Provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation, then the court shall order the petition dismissed and shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice.
- States that upon the order of dismissal under the court-initiated sealing process, the arrest and other proceedings in the case must be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case.
- Prohibits automatic sealing upon probation completion if the petition was sustained on the basis of a specified serious or violent offense committed when the individual was 14 years of age or older, unless the finding on the offense was dismissed or reduced to a lesser non-serious and non-violent offense.
- Allows the court, the prosecuting attorney, the probation department, the person whose record has been sealed, and a child welfare agency to access a record that was sealed by the court-initiated process for limited purposes, as specified.
- Specifies that ''access'' shall not be deemed an unsealing of the record and shall not require notice to any other agency.
- Provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person's case, in the custody of the juvenile court, the probation officer, or any other agency or public official.
- Allows a minor to petition the juvenile court to seal his or her record relating to an offense that is considered serious or violent and was committed after the minor attained 14 years of age only in the following circumstances:
- The person was committed to the Department of Corrections and Rehabilitation, has attained 21 years of age, and has completed his or her probation after being released from the Department of Corrections and Rehabilitation; or
- The person was not committed to the Department of Corrections and Rehabilitation, has attained 18 years of age and has completed any period of probation imposed by the court.
- Allows a prosecutor to access the juvenile record relating to an offense that is serious or violent and was committed after the minor attained 14 years of age if the prosecutor believes that the records are necessary to fulfill a disclosure obligation to a defendant in a criminal case.
- Allows a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of a sealed juvenile record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law provided that no personally identifying information from a sealed record accessed under this subdivision is released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
- Allows a court to authorize a researcher or research organization to access information contained in sealed juvenile records for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
- The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision; and
- Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
AS PASSED BY THE ASSEMBLY, this bill:
- Allowed a prosecutor to access, inspect and use records of a juvenile who was alleged or found to be a ward of the court that were sealed because the juvenile completed an informal supervision program or a term of probation if the prosecutor believes that the records are necessary to fulfill a disclosure obligation to a defendant in a criminal case.
- Required the prosecutor to submit to the juvenile court his or her rationale for believing that access to the information in the record is necessary to meet the disclosure obligation.
- Required the juvenile court to notify the person with the sealed record, including his or her attorney, that the prosecutor has made a request for the sealed record, and give the person an opportunity to respond to the prosecutor's request before allowing the prosecutor access to the sealed record.
- Required the juvenile court to review the case file and any records submitted by the prosecutor or the person with the sealed record prior to allowing access.
- Required the juvenile court to approve the prosecutor's request if it finds that the sealed record is necessary for the prosecutor to comply with a disclosure obligation.
- Required the court to state its reasons for approving the prosecutor's request on the record.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the author, ''In the last few years California created a system in which juvenile courts can auto-seal upon satisfactory completion of diversion or probation in certain circumstances. By allowing the automatic sealing of records California can remove barriers to success for these young people. This process helps young people have increased access to jobs, housing, and licensure agencies.
''However, WIC [Welfare and Institutions Code Section] 786 does not allow access for a Brady Disclosure. A Brady Disclosure is information or evidence that is material to the guilt, innocence, or punishment of the defendant that must be disclosed to the defense. If a prosecuting attorney needs access to a sealed file in order to comply with this disclosure obligation, they would be unable to do so.
''AB 2952 allows for access to a sealed record for a Brady disclosure while still protecting the confidentiality rights and needs of the individual whose records have been sealed. This bill will allow a prosecuting attorney to access a sealed record as long as a court has reviewed the request for access, any response submitted by the affected individual and ruled that access to the sealed file is necessary to meet a disclosure obligation. AB 2952 will protect the needs of the individual while allowing for constitutional needs of the prosecuting attorney.''
Analysis Prepared by: Matthew Fleming / PUB. S. / (916) 319-3744 FN: 0004622
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2952
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/19/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/10/18 (Consent) - See last page for vote
SOURCE: Commonweal Juvenile Justice Program
DIGEST:
This bill authorizes a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under the automatic sealing process in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case.
Senate Floor Amendments of 8/21/18 include double jointing language to deal with potential chaptering issues.
Existing law:
- Provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation, then the court shall order the petition dismissed and shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. (Welf. & Inst. Code, § 786, subd. (a).)
- States that upon the order of dismissal under the court-initiated sealing process, the arrest and other proceedings in the case must be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. (Welf. & Inst. Code, § 786, subd. (b).)
- Prohibits automatic sealing upon probation completion if the petition was sustained on the basis of a specified serious or violent offense committed when the individual was 14 years of age or older, unless the finding on the offense was dismissed or reduced to a lesser non-serious and non-violent offense. (Welf. & Inst. Code, § 786, subd. (d).)
- Allows the court, the prosecuting attorney, the probation department, the person whose record has been sealed, and a child welfare agency to access a record that was sealed by the court-initiated process for limited purposes, as specified. (Welf. & Inst. Code, § 786, subd. (f)-(g).)
- Specifies that “access” shall not be deemed an unsealing of the record and shall not require notice to any other agency. (Welf. & Inst. Code, § 786, subd. (g)(3).)
- Provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
- Allows a minor to petition the juvenile court to seal his or her record relating to an offense that is considered serious or violent and was committed after the minor attained 14 years of age only in the following circumstances:
- The person was committed to the Department of Corrections and Rehabilitation, has attained 21 years of age, and has completed his or her probation after being released from the Department of Corrections and Rehabilitation; or
- The person was not committed to the Department of Corrections and Rehabilitation, has attained 18 years of age and has completed any period of probation imposed by the court. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I)-(II).)
- Allows a prosecutor to access the juvenile record relating to an offense that is serious or violent and was committed after the minor attained 14 years of age if the prosecutor believes that the records are necessary to fulfill a disclosure obligation to a defendant in a criminal case. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(iii).)
This bill:
- Provides that a record that has been sealed pursuant to the Welfare and Institutions Code section786 process may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation.
- Requires the prosecutor to submit to the juvenile court his or her rationale for believing that access to the information in the record is necessary to meet the disclosure obligation.
- Requires the juvenile court to notify the person having the sealed record, including the person’s attorney of record, that the court is considering the prosecutor’s request to access the record, and the court must provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination.
- Requires the juvenile court to review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record.
- Requires the court to approve the prosecutor’s request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation.
- Requires the court to state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed, if the juvenile court approves the prosecuting attorney’s request.
- Makes other technical amendments.
Background
Juvenile Record Sealing
Two mechanisms for sealing a juvenile record exist under current law. One mechanism provides for an automatic sealing of the record if the juvenile completes certain requirements. (Welf. & Inst. Code, § 786.) However, in certain circumstances, a person is required to petition the court to have his or her record sealed. (Welf. & Inst. Code, § 781.)
A person who is not eligible to have his or her juvenile record sealed via the Welfare and Institutions Code Section 786 process, may petition the court to have his or her record sealed via the Welfare and Institutions Code Section 781. To seal a juvenile court record, a petition must be filed by either the person who is the subject of the record or the probation department. (Welf. & Inst. Code, § 781, subd. (a).) Juvenile court jurisdiction must have lapsed five years previously or the person must be at least 18 years old. (Welf. & Inst. Code, § 781, subd. (a).) The records are not sealed if the person of record has subsequently been convicted of a felony or a misdemeanor involving moral turpitude. (Welf. & Inst. Code, § 781, subd. (a).) Once the court has ordered the person’s records sealed, the proceedings in the case are deemed never to have occurred, and the person may reply accordingly. (Welf. & Inst. Code, § 781, subd. (a).)
Additional requirements exist for a person who has been found by the juvenile court to have committed one of the offenses enumerated Welfare and Institutions Code Section 707(b). Section 781 establishes the circumstances under which a person who has been found to have committed a Section 707(b) offense is eligible to have his or her record sealed. (Welf. & Inst. Code, § 781, subd. (a)(1)(D).) Notably, a person’s sealed 707(b) records may be accessed, utilized, or inspected by a prosecutor, juvenile court, or probation officer under specified circumstances. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(ii).)
With respect to a prosecutor’s authority to access a sealed 707(b) record because the prosecutor believes that access to the record is necessary to meet a disclosure obligation, the statute provides:
A record relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose shall be submitted by the prosecuting attorney to the juvenile court, and the juvenile court shall approve the request if it determines that access to the record is necessary to enable the prosecuting attorney’s compliance with the disclosure obligation. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(iii).)
As stated above, an automatic sealing process exists under Welfare and Institutions Code Section 786. Under Section 786, if a minor has been found to have satisfactorily completed an informal program of supervision or probation, the juvenile court will dismiss the petition and order sealed all records. (Welf. & Inst. Code § 786, subd. (a).) Upon sealing of the record, the arrest and other proceedings will be deemed to not to have occurred. (Welf. & Inst. Code § 786, subd. (b).) A sealed record may be accessed, inspected, or utilized in limited circumstances by the prosecuting attorney, probation department, or court. (Welf. & Inst. Code § 786, subd. (g).) This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (Welf. & Inst. Code § 786, subd. (g)(3).)
Unlike Welfare and Institutions Code section 781, section 786 does not include a provision allowing a prosecutor to access the sealed records if he or she believes that information is subject to a discovery obligation. This bill seeks to add a similar provision, but with additional protections for the person whose record was sealed. Specifically, AB 2952 requires the court to notify the person with the sealed record upon a request from the prosecutor’s office to access the sealed record. In addition, the person with the sealed record would be given an opportunity to respond to the prosecutor’s request in writing or by appearance.
Prosecutorial Obligations under Brady
In a criminal trial, a defendant is presumed innocent and the prosecution has the burden to prove beyond a reasonable doubt that the defendant is guilty. In order to ensure a fair trial, the prosecuting attorney has a constitutional and statutory duty to disclose specified information to the defendant.
The U.S. Supreme Court held in Brady v. Maryland that the Due Process Clause of the Fourteenth Amendment is violated when a prosecutor in a criminal case withholds material evidence from the accused person that is materially favorable to the accused. (Brady v. Maryland (1963) 373 U.S. 83, 87; see also Giglio v. United States (1972) 405 U.S. 150.) Brady and Giglio impose a duty on prosecutors to disclose to the defendant material evidence that would be favorable to the accused. In a later case, the Supreme Court explained that “[u]nder the Due Process Clause of the Fourteenth Amendment, criminal prosecutions must comport with prevailing notions of fundamental fairness. We have long interpreted this standard of fairness to require that criminal defendants be afforded a meaningful opportunity to present a complete defense. To safeguard that right, the Court has developed ‘what might loosely be called the area of constitutionally guaranteed access to evidence.’ [Citing United States v. Valenzuela-Bernal (1982) 458 U.S. 858, 867.] Taken together, this group of constitutional privileges delivers exculpatory evidence into the hands of the accused, thereby protecting the innocent from erroneous conviction and ensuring the integrity of our criminal justice system.” (California v. Trombetta (1984) 467 U.S. 479, 485.)
Even in the absence of a specific request, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise a reasonable doubt about the defendant’s guilt. (United States v. Agurs (1996) 427 U.S. 97, 112.) Further, the Brady obligation is not limited to evidence the prosecutor’s office is aware of and has in its possession, but includes “evidence known to the others acting on the government’s behalf in the case, including the police.” (Kyles v. Whitley (1995) 514 U.S. 419, 437.) For Brady purposes, exculpatory evidence also includes evidence that could be used to impeach a witness. (United States v. Bagley (1985) 473 U.S. 667, 647.) Generally, a specific request is not necessary for parties to receive discovery. However, an informal request is required before a court can formally order either the defendant or the prosecutor to comply with a discovery request. (Penal Code, § 1054.5, subd. (b).)
This bill provides the prosecutor in a criminal trial with the ability to access, inspect, and utilize otherwise sealed records in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Commonweal Juvenile Justice Program (source)
California Attorneys for Criminal Justice
California Public Defenders Association
Juvenile Court Judges of California
OPPOSITION: (Verified 8/21/18)
None received
ASSEMBLY FLOOR: 73-0, 5/10/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Cooley, Friedman, Cristina Garcia, Obernolte
8/22/18 14:36:46
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2952
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/19/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/10/18 (Consent) - See last page for vote
SOURCE: Commonweal Juvenile Justice Program
DIGEST:
This bill authorizes a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under the automatic sealing process in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case.
ANALYSIS:
Existing law:
- Provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation, then the court shall order the petition dismissed and shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. (Welf. & Inst. Code, § 786, subd. (a).)
- States that upon the order of dismissal under the court-initiated sealing process, the arrest and other proceedings in the case must be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. (Welf. & Inst. Code, § 786, subd. (b).)
- Prohibits automatic sealing upon probation completion if the petition was sustained on the basis of a specified serious or violent offense committed when the individual was 14 years of age or older, unless the finding on the offense was dismissed or reduced to a lesser non-serious and non-violent offense. (Welf. & Inst. Code, § 786, subd. (d).)
- Allows the court, the prosecuting attorney, the probation department, the person whose record has been sealed, and a child welfare agency to access a record that was sealed by the court-initiated process for limited purposes, as specified. (Welf. & Inst. Code, § 786, subd. (f)-(g).)
- Specifies that “access” shall not be deemed an unsealing of the record and shall not require notice to any other agency. (Welf. & Inst. Code, § 786, subd. (g)(3).)
- Provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
- Allows a minor to petition the juvenile court to seal his or her record relating to an offense that is considered serious or violent and was committed after the minor attained 14 years of age only in the following circumstances:
- The person was committed to the Department of Corrections and Rehabilitation, has attained 21 years of age, and has completed his or her probation after being released from the Department of Corrections and Rehabilitation; or
- The person was not committed to the Department of Corrections and Rehabilitation, has attained 18 years of age and has completed any period of probation imposed by the court. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I)-(II).)
- Allows a prosecutor to access the juvenile record relating to an offense that is serious or violent and was committed after the minor attained 14 years of age if the prosecutor believes that the records are necessary to fulfill a disclosure obligation to a defendant in a criminal case. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(iii).)
This bill:
- Provides that a record that has been sealed pursuant to the Welfare and Institutions Code Section 786 process may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation.
- Requires the prosecutor to submit to the juvenile court his or her rationale for believing that access to the information in the record is necessary to meet the disclosure obligation.
- Requires the juvenile court to notify the person having the sealed record, including the person’s attorney of record, that the court is considering the prosecutor’s request to access the record, and the court must provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination.
- Requires the juvenile court to review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record.
- Requires the court to approve the prosecutor’s request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation.
- Requires the court to state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed, if the juvenile court approves the prosecuting attorney’s request.
- Makes other technical amendments.
Background
Juvenile Record Sealing
Two mechanisms for sealing a juvenile record exist under current law. One mechanism provides for an automatic sealing of the record if the juvenile completes certain requirements. (Welf. & Inst. Code, § 786.) However, in certain circumstances, a person is required to petition the court to have his or her record sealed. (Welf. & Inst. Code, § 781.)
A person who is not eligible to have his or her juvenile record sealed via the Welfare and Institutions Code Section 786 process, may petition the court to have his or her record sealed via the Welfare and Institutions Code Section 781. To seal a juvenile court record, a petition must be filed by either the person who is the subject of the record or the probation department. (Welf. & Inst. Code, § 781, subd. (a).) Juvenile court jurisdiction must have lapsed five years previously or the person must be at least 18 years old. (Welf. & Inst. Code, § 781, subd. (a).) The records are not sealed if the person of record has subsequently been convicted of a felony or a misdemeanor involving moral turpitude. (Welf. & Inst. Code, § 781, subd. (a).) Once the court has ordered the person’s records sealed, the proceedings in the case are deemed never to have occurred, and the person may reply accordingly. (Welf. & Inst. Code, § 781, subd. (a).)
Additional requirements exist for a person who has been found by the juvenile court to have committed one of the offenses enumerated Welfare and Institutions Code Section 707(b). Section 781 establishes the circumstances under which a person who has been found to have committed a Section 707(b) offense is eligible to have his or her record sealed. (Welf. & Inst. Code, § 781, subd. (a)(1)(D).) Notably, a person’s sealed 707(b) records may be accessed, utilized, or inspected by a prosecutor, juvenile court, or probation officer under specified circumstances. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(ii).)
With respect to a prosecutor’s authority to access a sealed 707(b) record because the prosecutor believes that access to the record is necessary to meet a disclosure obligation, the statute provides:
A record relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose shall be submitted by the prosecuting attorney to the juvenile court, and the juvenile court shall approve the request if it determines that access to the record is necessary to enable the prosecuting attorney’s compliance with the disclosure obligation. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(iii).)
As stated above, an automatic sealing process exists under Welfare and Institutions Code Section 786. Under Section 786, if a minor has been found to have satisfactorily completed an informal program of supervision or probation, the juvenile court will dismiss the petition and order sealed all records. (Welf. & Inst. Code § 786, subd. (a).) Upon sealing of the record, the arrest and other proceedings will be deemed to not to have occurred. (Welf. & Inst. Code § 786, subd. (b).) A sealed record may be accessed, inspected, or utilized in limited circumstances by the prosecuting attorney, probation department, or court. (Welf. & Inst. Code § 786, subd. (g).) This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (Welf. & Inst. Code § 786, subd. (g)(3).)
Unlike Welfare and Institutions Code Section 781, Section 786 does not include a provision allowing a prosecutor to access the sealed records if he or she believes that information is subject to a discovery obligation. This bill seeks to add a similar provision, but with additional protections for the person whose record was sealed. Specifically, AB 2952 requires the court to notify the person with the sealed record upon a request from the prosecutor’s office to access the sealed record. In addition, the person with the sealed record would be given an opportunity to respond to the prosecutor’s request in writing or by appearance.
Prosecutorial Obligations Under Brady
In a criminal trial, a defendant is presumed innocent and the prosecution has the burden to prove beyond a reasonable doubt that the defendant is guilty. In order to ensure a fair trial, the prosecuting attorney has a constitutional and statutory duty to disclose specified information to the defendant.
The U.S. Supreme Court held in Brady v. Maryland that the Due Process Clause of the Fourteenth Amendment is violated when a prosecutor in a criminal case withholds material evidence from the accused person that is materially favorable to the accused. (Brady v. Maryland (1963) 373 U.S. 83, 87; see also Giglio v. United States (1972) 405 U.S. 150.) Brady and Giglio impose a duty on prosecutors to disclose to the defendant material evidence that would be favorable to the accused. In a later case, the Supreme Court explained that “[u]nder the Due Process Clause of the Fourteenth Amendment, criminal prosecutions must comport with prevailing notions of fundamental fairness. We have long interpreted this standard of fairness to require that criminal defendants be afforded a meaningful opportunity to present a complete defense. To safeguard that right, the Court has developed ‘what might loosely be called the area of constitutionally guaranteed access to evidence.’ [Citing United States v. Valenzuela-Bernal (1982) 458 U.S. 858, 867.] Taken together, this group of constitutional privileges delivers exculpatory evidence into the hands of the accused, thereby protecting the innocent from erroneous conviction and ensuring the integrity of our criminal justice system.” (California v. Trombetta (1984) 467 U.S. 479, 485.)
Even in the absence of a specific request, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise a reasonable doubt about the defendant’s guilt. (United States v. Agurs (1996) 427 U.S. 97, 112.) Further, the Brady obligation is not limited to evidence the prosecutor’s office is aware of and has in its possession, but includes “evidence known to the others acting on the government’s behalf in the case, including the police.” (Kyles v. Whitley (1995) 514 U.S. 419, 437.) For Brady purposes, exculpatory evidence also includes evidence that could be used to impeach a witness. (United States v. Bagley (1985) 473 U.S. 667, 647.) Generally, a specific request is not necessary for parties to receive discovery. However, an informal request is required before a court can formally order either the defendant or the prosecutor to comply with a discovery request. (Penal Code, § 1054.5, subd. (b).)
This bill provides the prosecutor in a criminal trial with the ability to access, inspect, and utilize otherwise sealed records in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Commonweal Juvenile Justice Program (source)
California Attorneys for Criminal Justice
California Public Defenders Association
Juvenile Court Judges of California
None received
ASSEMBLY FLOOR: 73-0, 5/10/18
AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Cooley, Friedman, Cristina Garcia, Obernolte
Prepared by: Stephanie Jordan / PUB. S. /
8/10/18 10:46:59
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 2952 Hearing Date: June 19, 2018
Author: | Mark Stone | ||
Version: | June 11, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SJ | ||
Subject: Juvenile Records: Sealed Records: Access
HISTORY
Source: Commonweal Juvenile Justice Program
Prior Legislation: SB 312 (Skinner), Ch. 679, Stats. 2017
AB 1945 (Stone), Ch. 858, Stats. 2016
AB 666 (Stone), Ch. 368, Stats. 2015
AB 1038 (Leno), Ch. 249, Stats. 2014
Support: California Attorneys for Criminal Justice; California Public Defenders Association; Juvenile Court Judges of California
Opposition: None known
Assembly Floor Vote: 73 - 0
PURPOSE
The purpose of this bill is to authorize a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under the automatic sealing process in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case.
Existing law provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation, then the court shall order the petition dismissed and shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. (Welf. & Inst. Code, § 786, subd. (a).)
Existing law states that upon the order of dismissal under the court-initiated sealing process, the arrest and other proceedings in the case must be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. (Welf. & Inst. Code, § 786, subd. (b).)
Existing law prohibits automatic sealing upon probation completion if the petition was sustained on the basis of a specified serious or violent offense committed when the individual was 14 years of age or older, unless the finding on the offense was dismissed or reduced to a lesser non-serious and non-violent offense. (Welf. & Inst. Code, § 786, subd. (d).)
Existing law allows the court, the prosecuting attorney, the probation department, the person whose record has been sealed, and a child welfare agency to access a record that was sealed by the court-initiated process for limited purposes, as specified. (Welf. & Inst. Code, § 786, subd. (f)-(g).)
Existing law specifies that “access” shall not be deemed an unsealing of the record and shall not require notice to any other agency. (Welf. & Inst. Code, § 786, subd. (g)(3).)
Existing law provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
Existing law allows a minor to petition the juvenile court to seal his or her record relating to an offense that is considered serious or violent and was committed after the minor attained 14 years of age only in the following circumstances:
- The person was committed to the Department of Corrections and Rehabilitation, has attained 21 years of age, and has completed his or her probation after being released from the Department of Corrections and Rehabilitation; or
- The person was not committed to the Department of Corrections and Rehabilitation, has attained 18 years of age and has completed any period of probation imposed by the court. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I) – (II).)
Existing law allows a prosecutor to access the juvenile record relating to an offense that is serious or violent and was committed after the minor attained 14 years of age if the prosecutor believes that the records are necessary to fulfill a disclosure obligation to a defendant in a criminal case. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(iii).)
This bill provides that a record that has been sealed pursuant to the Welfare and Institutions Code section786 process may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation.
This bill requires the prosecutor to submit to the juvenile court his or her rationale for believing that access to the information in the record is necessary to meet the disclosure obligation.
This bill requires the juvenile court to notify the person having the sealed record, including the person’s attorney of record, that the court is considering the prosecutor’s request to access the record, and the court must provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination.
This bill requires the juvenile court to review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record.
This bill requires the court to approve the prosecutor’s request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation.
This bill requires the court to state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed, if the juvenile court approves the prosecuting attorney’s request.
This bill makes other technical amendments.
COMMENTS
- Need for This Bill
According to the author:
In the last few years California created a system in which juvenile courts can auto-seal upon satisfactory completion of diversion or probation in certain circumstances. By allowing the automatic sealing of records California can remove barriers to success for these young people. This process helps young people have increased access to jobs, housing, and licensure agencies.
However, WIC 786 does not allow access for a Brady Disclosure. A Brady Disclosure is information or evidence that is material to the guilt, innocence, or punishment of the defendant that must be disclosed to the defense. If a prosecuting attorney needs access to a sealed file in order to comply with this disclosure obligation, they would be unable to do so.
AB 2952 allows for access to a sealed record for a Brady disclosure while still protecting the confidentiality rights and needs of the individual whose records have been sealed. This bill will allow a prosecuting attorney to access a sealed record as long as a court has reviewed the request for access. Any response submitted by the affected individual and ruled that access to the sealed file is necessary to meet a disclosure obligation. AB 2952 will protect the needs of the individual while allowing for constitutional needs of the prosecuting attorney.
- Juvenile Record Sealing
Two mechanisms for sealing a juvenile record exist under current law. One mechanism provides for an automatic sealing of the record if the juvenile completes certain requirements. (Welf. & Inst. Code, § 786.) However, in certain circumstances, a person is required to petition the court to have his or her record sealed. (Welf. & Inst. Code, § 781.)
A person who is not eligible to have his or her juvenile record sealed via the Welfare and Institutions Code section 786 process, may petition the court to have his or her record sealed via the Welfare and Institutions Code section 781. To seal a juvenile court record, a petition must be filed by either the person who is the subject of the record or the probation department. (Welf. & Inst. Code, § 781, subd. (a).) Juvenile court jurisdiction must have lapsed five years previously or the person must be at least 18 years old. (Welf. & Inst. Code, § 781, subd. (a).) The records are not sealed if the person of record has been convicted of a felony or a misdemeanor involving moral turpitude. (Welf. & Inst. Code, § 781, subd. (a).) Once the court has ordered the person’s records sealed, the proceedings in the case are deemed never to have occurred, and the person may reply accordingly. (Welf. & Inst. Code, § 781, subd. (a).)
Additional requirements exist for a person who has been found by the juvenile court to have committed one of the offenses enumerated Welfare and Institutions Code section 707(b). Section 781 establishes the circumstances under which a person who has been found to have committed a section 707(b) offense is eligible to have his or her record sealed. (Welf. & Inst. Code, § 781, subd. (a)(1)(D).) Notably, a person’s sealed 707(b) records may be accessed, utilized, or inspected by a prosecutor, juvenile court, or probation officer under specified circumstances. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(ii).)
With respect to a prosecutor’s authority to access a sealed 707(b) record because the prosecutor believes that access to the record is necessary to meet a disclosure obligation, the statute provides:
A record relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose shall be submitted by the prosecuting attorney to the juvenile court, and the juvenile court shall approve the request if it determines that access to the record is necessary to enable the prosecuting attorney’s compliance with the disclosure obligation. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(iii).)
As stated above, an automatic sealing process exists under Welfare and Institutions Code section 786. Under section 786, if a minor has been found to have satisfactorily completed an informal program of supervision or probation, the juvenile court will dismiss the petition and order sealed all records. (Welf. & Inst. Code § 786, subd. (a).) Upon sealing of the record, the arrest and other proceedings will be deemed to not to have occurred. (Welf. & Inst. Code § 786, subd. (b).) A sealed record may be accessed, inspected, or utilized in limited circumstances by the prosecuting attorney, probation department, or court. (Welf. & Inst. Code § 786, subd. (g).) This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (Welf. & Inst. Code § 786, subd. (g)(3).)
Unlike Welfare and Institutions Code section 781, section 786 does not include a provision allowing a prosecutor to access the sealed records if he or she believes that information is subject to a discovery obligation. This bill seeks to add a similar provision, but with additional protections for the person whose record was sealed. Specifically, AB 2952 would require the court to notify the person with the sealed record upon a request from the prosecutor’s office to access the sealed record. In addition, the person with the sealed record would be given an opportunity to respond to the prosecutor’s request in writing or by appearance.
- Prosecutorial Obligations Under Brady
In a criminal trial, a defendant is presumed innocent and the prosecution has the burden to prove beyond a reasonable doubt that the defendant is guilty. In order to ensure a fair trial, the prosecuting attorney has a constitutional and statutory duty to disclose specified information to the defendant.
The U.S. Supreme Court held in Brady v. Maryland that the Due Process Clause of the Fourteenth Amendment is violated when a prosecutor in a criminal case withholds material evidence from the accused person that is materially favorable to the accused. (Brady v. Maryland (1963) 373 U.S. 83, 87; see also Giglio v. United States (1972) 405 U.S. 150.) Brady and Giglio impose a duty on prosecutors to disclose to the defendant material evidence that would be favorable to the accused. The Supreme Court in a later case explained “[u]nder the Due Process Clause of the Fourteenth Amendment, criminal prosecutions must comport with prevailing notions of fundamental fairness. We have long interpreted this standard of fairness to require that criminal defendants be afforded a meaningful opportunity to present a complete defense. To safeguard that right, the Court has developed ‘what might loosely be called the area of constitutionally guaranteed access to evidence.’ [Citing United States v. Valenzuela-Bernal (1982) 458 U.S. 858, 867.] Taken together, this group of constitutional privileges delivers exculpatory evidence into the hands of the accused, thereby protecting the innocent from erroneous conviction and ensuring the integrity of our criminal justice system.” (California v. Trombetta (1984) 467 U.S. 479, 485.)
Even in the absence of a specific request, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise a reasonable doubt about the defendant’s guilt. (United States v. Agurs (1996) 427 U.S. 97, 112.) Further, the Brady obligation is not limited to evidence the prosecutor’s office is aware of and has in its possession, but includes “evidence known to the others acting on the government’s behalf in the case, including the police.” (Kyles v. Whitley (1995) 514 U.S. 419, 437.) For Brady purposes, exculpatory evidence also includes evidence that could be used to impeach a witness. (United States v. Bagley (1985) 473 U.S. 667, 647.) Generally, a specific request is not necessary for parties to receive discovery. However, an informal discovery is required before a court can formally order either the defendant or the prosecutor to comply with a discovery request. (Penal Code, § 1054.5, subd. (b).)
This bill would provide the prosecutor in a criminal trial with the ability to access, inspect, and utilize otherwise sealed records in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence.
- Argument in Support
According to the bill’s sponsor, Commonweal Juvenile Justice Program:
AB 2952 would add a “Brady” provision to Section 786 of the Welfare and Institutions Code, permitting prosecutors to access an “auto-sealed” juvenile record in order to meet a constitutional or statutory obligation to disclose exculpatory evidence to the defense in a criminal case. . . .
Section 786 was added to the Welfare and Institutions Code In 2014 (SB 1038, Leno). It created a process by which the juvenile court must order the sealing of juvenile offense records upon the juvenile’s satisfactory completion of probation or diversion. Between 2015-2017, Section 786 was amended to permit access to these “auto sealed” juvenile records under specifically defined circumstances—for example, by courts, prosecutors or probation officers in order to determine an appropriate disposition or to make transfer hearing decisions in a subsequent cases. Brady access was not included in these amendments.
Commonweal…co-sponsored last year’s Senate Bill 312 (Skinner), amending WIC Section 781 (sealing by petition) to modify the Proposition 21 lifetime ban on sealing of a juvenile record involving a WIC 707 (b) offense committed over the age of 14. SB 312 included a “Brady” amendment to WIC Section 781, allowing a prosecutor to seek Brady disclosure of information contained in records sealed under the provisions of SB 312.
AB 2952 adds a corresponding Brady provision to the “auto sealing” section, Section 786. The bill responds to the cross-sector demand from prosecution, defense, probation and court interest groups. The bill also responds to a 2017 California appellate decision, holding that Brady access to a WIC 786 sealed record is not permitted, unless and until it becomes explicitly authorized by statute.
. . .
…AB 2952 adds a reasonable, limited and necessary access provision to WIC Section 786. It establishes a Brady process for Section 786 that includes…protective features.
…AB 2952 represents a fair balance between competing interests that include the constitutional obligations of the prosecution, the right of the defense to exculpatory information and the confidentiality rights and needs of individuals whose records have been sealed.
-- END --
Date of Hearing: May 2, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2952
Author:(Mark Stone) – As Introduced Ver:February 16, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill allows a prosecutor to access, inspect, or use certain juvenile records that have been sealed by the court if the prosecutor believes that it is necessary to meet a legal obligation to provide exculpatory evidence to a defendant in a criminal case. Specifically, this bill:
- Allows a prosecutor to access, inspect and use records of a juvenile who was alleged or found to be a ward of the court that were sealed because the juvenile completed an informal supervision program or a term of probation if the prosecutor believes that the records are necessary to fulfill a disclosure obligation to a defendant in a criminal case.
- Requires the prosecutor to submit to the juvenile court the prosecutor’s rationale for believing that access to the information in the record is necessary to meet the disclosure obligation.
- Requires the juvenile court to notify the person with the sealed record, including the person’s attorney, that the prosecutor has made a request for the sealed record, and give the person an opportunity to respond to the prosecutor’s request before allowing the prosecutor access to the sealed record.
- Requires the juvenile court to review the case file and any records submitted by the prosecutor or the person with the sealed record prior to allowing access.
- Requires the juvenile court to approve the prosecutor’s request if it finds that access, inspection, or use of sealed record is necessary for the prosecutor to comply with a disclosure obligation.
- Requires the court to state on the record its reasons for approving the prosecutor’s request.
FISCAL EFFECT:
Minor and absorbable costs to the courts because this bill impacts a small number of juvenile cases and generally utilizes the existing process of requesting access to juvenile records through the juvenile court.
COMMENTS:
- Background and purpose. According to the author:
In the last few years California created a system in which juvenile courts can auto-seal upon satisfactory completion of diversion or probation in certain circumstances. By allowing the automatic sealing of records California can remove barriers to success for these young people. This process helps young people have increased access to jobs, housing, and licensure agencies.
However, Welfare and Institutions Code 786 does not allow access for a Brady Disclosure. A Brady Disclosure is information or evidence that is material to the guilt, innocence, or punishment of the defendant that must be disclosed to the defense. If a prosecuting attorney needs access to a sealed file in order to comply with this disclosure obligation, they would be unable to do so.
AB 2952 allows for access to a sealed record for a Brady disclosure while still protecting the confidentiality rights and needs of the individual whose records have been sealed. This bill will allow a prosecuting attorney to access a sealed record as long as a court has reviewed the request for access, any response submitted by the affected individual and ruled that access to the sealed file is necessary to meet a disclosure obligation. AB 2952 will protect the needs of the individual while allowing for constitutional needs of the prosecuting attorney.
- Related legislation. AB 2659 (Cooley), of the current legislative session, authorizes a prosecutor or criminal defense attorney to petition the criminal court to release information in juvenile child dependency case files, if such information is material to a criminal prosecution. AB 2659 is currently on this committee’s suspense file.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing:
Counsel: Matthew Fleming
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 2952
Author:(Mark Stone) – As Introduced Ver:February 16, 2018
SUMMARY:
Provides that a prosecutor may access, inspect, or use certain juvenile records that have been sealed by the court if the prosecutor believes that it is necessary to meet a legal obligation to provide exculpatory evidence to a defendant in a criminal case. Specifically, this bill:
- Allows a prosecutor to access, inspect and use records of a juvenile who was alleged or found to be a ward of the court that were sealed because the juvenile completed an informal supervision program or a term of probation if the prosecutor believes that the records are necessary to fulfill a disclosure obligation to a defendant in a criminal case.
- Requires the prosecutor to submit to the juvenile court his or her rationale for believing that access to the information in the record is necessary to meet the disclosure obligation.
- Requires the juvenile court to notify the person with the sealed record, including his or her attorney, that the prosecutor has made a request for the sealed record, and give the person an opportunity to respond to the prosecutor’s request before allowing the prosecutor access to the sealed record.
- Requires the juvenile court to review the case file and any records submitted by the prosecutor or the person with the sealed record prior to allowing access.
- Requires the juvenile court to approve the prosecutor’s request if it finds that the sealed record is necessary for the prosecutor to comply with a disclosure obligation.
- Requires the court to state its reasons for approving the prosecutor’s request on the record.
EXISTING LAW:
- Provides that, if a minor satisfactorily completes an informal program of supervision, probation as specified, or a term of probation, then the court shall order the petition dismissed and shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. (Welf. & Inst. Code, § 786, subd. (a).)
- States that upon the order of dismissal under the court-initiated sealing process, the arrest and other proceedings in the case must be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. (Welf. & Inst. Code, § 786, subd. (b).)
- Prohibits automatic sealing upon probation completion if the petition was sustained on the basis of a specified serious or violent offense committed when the individual was 14 years of age or older, unless the finding on the offense was dismissed or reduced to a lesser non-serious and non-violent offense. (Welf. & Inst. Code, § 786, subd. (d).)
- Allows the court, the prosecuting attorney, the probation department, the person whose record has been sealed, and a child welfare agency to access a record that was sealed by the court-initiated process for limited purposes, as specified. (Welf. & Inst. Code, § 786, subd. (f) – (g).)
- Specifies that “access” shall not be deemed an unsealing of the record and shall not require notice to any other agency. (Welf. & Inst. Code, § 786, subd. (g)(3).)
- Provides that five years or more after the jurisdiction of the juvenile court has terminated over a person adjudged a ward of the court or after a minor appeared before a probation officer, or, in any case, at any time after the person has reached the age of 18, the person or county probation officer, with specified exceptions, may petition the juvenile court for sealing of the records, including arrest records, relating to the person’s case, in the custody of the juvenile court, the probation officer, or any other agency or public official. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
- Allows a minor to petition the juvenile court to seal his or her record relating to an offense that is considered serious or violent and was committed after the minor attained 14 years of age only in the following circumstances:
- The person was committed to the Department of Corrections and Rehabilitation, has attained 21 years of age, and has completed his or her probation after being released from the Department of Corrections and Rehabilitation; or
- The person was not committed to the Department of Corrections and Rehabilitation, has attained 18 years of age and has completed any period of probation imposed by the court. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I) – (II).)
- The person was committed to the Department of Corrections and Rehabilitation, has attained 21 years of age, and has completed his or her probation after being released from the Department of Corrections and Rehabilitation; or
- Allows a prosecutor to access the juvenile record relating to an offense that is serious or violent and was committed after the minor attained 14 years of age if the prosecutor believes that the records are necessary to fulfill a disclosure obligation to a defendant in a criminal case. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(iii).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “In the last few years California created a system in which juvenile courts can auto-seal upon satisfactory completion of diversion or probation in certain circumstances. By allowing the automatic sealing of records California can remove barriers to success for these young people. This process helps young people have increased access to jobs, housing, and licensure agencies.
“However, WIC 786 does not allow access for a Brady Disclosure. A Brady Disclosure is information or evidence that is material to the guilt, innocence, or punishment of the defendant that must be disclosed to the defense. If a prosecuting attorney needs access to a sealed file in order to comply with this disclosure obligation, they would be unable to do so.
“AB 2952 allows for access to a sealed record for a Brady disclosure while still protecting the confidentiality rights and needs of the individual whose records have been sealed. This bill will allow a prosecuting attorney to access a sealed record as long as a court has reviewed the request for access, any response submitted by the affected individual and ruled that access to the sealed file is necessary to meet a disclosure obligation. AB 2952 will protect the needs of the individual while allowing for constitutional needs of the prosecuting attorney.”
- Sealing Juvenile Records: Current law provides at least two different ways to seal a juvenile record. In certain circumstances, a person may petition the court to have his or her record sealed. In other situations the sealing is automatic when the juvenile completes certain requirements.
Juvenile court records generally must be destroyed when the person of record reaches the age of 38 unless good cause is shown for maintaining those records. (Welf. & Inst. Code, § 826.) The person of record may also petition to destroy records retained by agencies other than the court. (Welf. & Inst. Code, § 826, subd. (b).) The request must be granted unless good cause is shown for retention of the records. (Welf. & Inst. Code, § 826.) When records are destroyed pursuant to the above provision, the proceedings "shall be deemed never to have occurred, and the person may reply accordingly to an inquiry." (Welf. & Inst. Code, § 826, subd. (a).) Courts have held that the phrase "never to have occurred" means that the juvenile proceeding is deemed not to have existed. (Parmett v. Superior Court (Christal B.) (1989) 212 Cal.App.3d 1261, at 1267.)
Minors adjudicated delinquent in juvenile court proceedings may petition the court to have their records sealed. (Welf. & Inst. Code, § 781.) To seal a juvenile court record, a petition must be filed by either the person who is the subject of the record or the probation department. (Welf. & Inst. Code, § 781.) Juvenile court jurisdiction must have lapsed five years previously or the person must be at least 18 years old. (Welf. & Inst. Code, § 781, subd. (a).) The records are not sealed if the person of record has been convicted of a felony or a misdemeanor involving moral turpitude. (Welf. & Inst. Code, § 781, subd. (a).)
In addition, there is a special sealing procedure for cases in which the person has been found by the juvenile court to have committed one of the serious or violent offenses enumerated Welfare and Institutions Code Section 707(b) list, when he or she had attained 14 years of age. (Welf. & Inst. Code, § 781, subd. (a)(1)(D).)
Importantly, records sealed pursuant to Welfare and Institutions Code Section 781 are able to be accessed by a prosecutor if he or she believes that information is subject to a discovery obligation. (See Welf. & Inst. Code, § 781 (a)(1)(D)(iii).)
In a related section of the Welfare and Institutions Code, the sealing procedure is done automatically by the juvenile court. (Welf. & Inst. Code, § 786, subd. (a).) In order to qualify for automatic sealing, the person does not have to file any petition with the court. Instead, the person must simply complete the informal program of supervision, or term of probation imposed by the court. (Id.)
For the automatic sealing process, there is currently no provision that allows a prosecutor to access the records if he or she believes that information is subject to a discovery obligation. This bill seeks to add such a provision.
- Brady Information and the right to a fair trial: In a criminal trial, a defendant is presumed innocent and the prosecution has the burden to prove beyond a reasonable doubt that the defendant is guilty. In order to ensure a fair trial, the prosecuting attorney has a constitutional and statutory duty to disclose specified information to the defendant.
In the landmark case of Brady v. Maryland (1963) 373 U.S. 83, the U.S. Supreme Court held that where a prosecutor in a criminal case withholds material evidence from the accused person that is favorable to the accused, this violates the Due Process Clause of the 14th Amendment. (Ibid at 87, see also Giglio v. United States (1972) 405 U.S. 150.) Brady and Giglio impose on prosecutors a duty to disclose to the defendant material evidence that would be favorable to the accused. The Supreme Court in a later case explained “[u]nder the Due Process Clause of the Fourteenth Amendment, criminal prosecutions must comport with prevailing notions of fundamental fairness. We have long interpreted this standard of fairness to require that criminal defendants be afforded a meaningful opportunity to present a complete defense. To safeguard that right, the Court has developed ‘what might loosely be called the area of constitutionally guaranteed access to evidence.’ [Citing United States v. Valenzuela-Bernal (1982) 458 U.S. 858, 867.] Taken together, this group of constitutional privileges delivers exculpatory evidence into the hands of the accused, thereby protecting the innocent from erroneous conviction and ensuring the integrity of our criminal justice system.” (California v. Trombetta (1984) 467 U.S. 479, 485.)
Even in the absence of a specific request, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise a reasonable doubt about the defendant’s guilt. (United States v. Agurs (1996) 427 U.S. 97,112.) Generally, a specific request is not necessary for parties to receive discovery, however, an informal discovery request must be made before a party can request formal court enforcement of discovery. (Penal Code § 1054.5(b).)
This bill would provide the prosecutor in a criminal trial with the ability to access otherwise sealed records. Such records could be required to be disclosed under the Brady case and its progeny.
- Argument in Support: According to the bill’s Sponsor, Commonweal Juvenile Justice Program, “We write as sponsors of AB 2952 (Stone) regarding sealing of juvenile offense records. AB 2952 would add a ‘Brady’ provision to Section 786 of the Welfare and Institutions Code, permitting prosecutors to access an ‘auto-sealed’ juvenile record in order to meet a constitutional or statutory obligation to disclose exculpatory evidence to the defense in a criminal case.
“Section 786 was added to the Welfare and Institutions Code In 2014 (SB 1038, Leno). It created a process by which the juvenile court must order the sealing of juvenile offense records upon the juvenile’s satisfactory completion of probation or diversion. Between 2015-2017, Section 786 was amended to permit access to these ‘auto sealed’ juvenile records under specifically defined circumstances—for example, by courts, prosecutors or probation officers in order to determine an appropriate disposition or to make transfer hearing decisions in a subsequent felony proceeding against the juvenile.
“Commonweal has served as co-sponsor of three bills amending Section 786 by Assembly Member Mark Stone (AB 666 in 2016, AB 1945 in 2016 and AB 539 in 2017). In addition, we co-sponsored last year’s Senate Bill 312 (Skinner), amending WIC Section 781 (sealing by petition) to modify the Proposition 21 lifetime ban on sealing of a juvenile record involving a WIC 707 (b) offense committed over the age of 14.
“Senate Bill 312 included a ‘Brady’ amendment to Section 781 allowing a prosecutor to apply to petition the juvenile court to inspect and utilize information in a record that had been sealed by the court. That ‘Brady’ provision met a demand by the California District Attorneys Association (CDAA) and was included by negotiation with the bill author and co-sponsors into Senate Bill 312. “Brady” of course refers to the United States Supreme Court ruling in Brady v. Maryland [] that prosecutors, as a matter of constitutional law, must disclose favorable or exculpatory evidence known to them to the defense in a criminal case.
“A concern affecting juveniles in Brady disclosure situations is that the information in the sealed record, when and if used in an unrelated criminal court proceeding, becomes public and thus potentially harmful to the individual whose juvenile record was sealed. Senate Bill 312 included a requirement that the court, in approving a Brady disclosure request, must state limits on the use of the information in order to protect the confidentiality of the person whose record has been accessed.
“Since the passage of SB 312, CDAA and judicial and other stakeholders have pressed for the addition of a similar ‘Brady’ patch to the auto-sealing section (Section 786). A key California appellate ruling in 2017—holding that Brady access to a WIC 786 sealed record is not authorized by statute and is therefore not permitted— has also fueled demand to add such an access provision to Section 786.[]
“As co-sponsors of the major juvenile record sealing reforms enacted over the last four years, we recognize the need to limit the number of exceptions that permit various agencies to dig into sealed juvenile records for information they believe is needed in subsequent proceedings. Presently, Section 786 includes eight ‘post sealing’ access provisions (at subdivision (g) (1) A-H). We have advised caution about continuing to expand the ways in which sealed records can be opened or accessed ‘after the fact’. At some point, as avenues into sealed records proliferate, the goals and benefits of record sealing may well be diminished. Sealing is intended to support rehabilitation by removing barriers to re-entry including jobs, housing, and higher education. But if sealed records can be opened by multiple parties for an expanding set of reasons, the person whose record has been sealed may well lose knowledge or assurance that he or she remains protected from detrimental use of the record that qualified for sealing in the first place.
“Having said that, we believe that AB 2952 adds a reasonable, limited and necessary access provision to WIC Section 786. It establishes a Brady process for Section 786 that includes these key, protective features:
- In asking the juvenile court for access to a Section 786 sealed record, the prosecutor must identify the ‘rationale for believing that access to the information is necessary to meet the disclosure obligation’.
- The juvenile court must then notify the individual whose record has been sealed, affording him or her the opportunity respond in writing or by appearance in court, prior to ruling on the request.
- The court must also review the case file and records referenced by the prosecutor for Brady access, including any response submitted by the person whose sealed record is under review.
- Having met these requirements of review, the court must then approve the prosecutor’s request if it determines that access to a ‘specific sealed record or portion of a sealed record’ is necessary to enable the prosecution to comply with the disclosure obligation.
- If the court approves the prosecutor’s request, the court must also state on the record “appropriate limits on the access, inspection and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record” is accessed.
“We must be vigilant—as we address the many implementation challenges arising in the wake juvenile record sealing reforms—to protect juveniles from incursions or invasions of sealed records that undermine confidentiality while eroding the purposes served by record sealing. Nevertheless, the limited Brady provision in AB 2952 represents a fair balance between competing interests that include the constitutional obligations of the prosecution, the right of the defense to exculpatory information and the confidentiality rights and needs of individuals whose records have been sealed. We respectfully ask for your aye vote.”
- Related Legislation: AB 2659 (Cooley), of the 2017-2018 Legislative Session, would authorize a prosecutor or criminal defense attorney to petition the criminal court to release information in juvenile child dependency case files, if such information is material to a criminal prosecution. AB 2659 is pending hearing in the Assembly Appropriations Committee.
- Prior Legislation:
- SB 312 (Skinner), Chapter 679, Statutes of 2017 authorized a sealing procedure for juveniles convicted of a serious or violent felony and allowed for access by the prosecutor in order to determine whether he or she has a disclosure obligation similar to the provisions proposed by this bill.
- SB 1038 (Leno), Chapter 249, Statutes of 2014 added Section 786 to the Welfare and Institutions code which created an automatic sealing procedure for non-serious and non-violent offenses for which the juvenile completed an informal program of supervision or a term of probation.
- SB 312 (Skinner), Chapter 679, Statutes of 2017 authorized a sealing procedure for juveniles convicted of a serious or violent felony and allowed for access by the prosecutor in order to determine whether he or she has a disclosure obligation similar to the provisions proposed by this bill.
REGISTERED SUPPORT / OPPOSITION:
Support
California Attorneys for Criminal Justice
California Public Defenders Association
Commonweal Juvenile Justice Program
Juvenile Court Judges of California
Opposition
None
Analysis Prepared by:
Matthew Fleming / PUB. S. / (916) 319-3744
Discussed in Hearing
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Bill Author
Bill Co-Author(s):