SB 312: Juveniles: sealing of records.

(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 the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records pertaining to that 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 in accordance with a specified procedure. Existing law prohibits the court from sealing a record or dismissing a petition under this provision if the petition was sustained based on the commission of any specified serious or violent offense, including murder, 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 lesser offense that is not listed among those specified offenses.

(2)Existing law generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal his or her records, including records of arrest, relating to the persons case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials. Existing law authorizes the petition to be filed 5 years or more after the jurisdiction of the juvenile court has terminated as to the person or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, at any time after the person reaches 18 years of age.

(3)Existing law, as amended by Proposition 21 at the March 7, 2000, statewide primary election, prohibits a court from ordering the persons records sealed, as specified, in any case in which the person has been found by the juvenile court to have committed any specified serious or violent offense, including murder, when he or she was 14 years of age or older. Proposition 21 allows the Legislature to amend its provisions by the enactment of a statute passed in each house by a ²/₃ vote.

This bill would expand the exception described in (1) to require the court to seal a record or dismiss a petition under the provisions described in (1) if the finding on that serious or violent offense was reduced to a misdemeanor.

This bill would, except as specified, repeal the limitation of Proposition 21 on the authority of the court to order the sealing of records of those persons who were found to have committed those serious or violent offenses after attaining 14 years of age, and instead would only authorize the filing of a petition to seal the record or records relating to those serious or violent offenses committed after attaining 14 years of age that resulted in the adjudication of wardship by the juvenile court under specified limited circumstances. The bill would authorize certain individuals to access, inspect, or utilize a record relating to those specified serious or violent offenses that has been sealed pursuant to the provisions described in (2) in a subsequent proceeding against the person for specified purposes, or to meet other statutory or constitutional obligations to disclose exculpatory evidence, as specified, and would prohibit the access, inspection, or utilization of a sealed record under those provisions from being deemed an unsealing of the record. The bill would provide that the above-mentioned provisions on sealing records in specified limited circumstances and the authority to access sealed records relating to those serious or violent offenses that were committed after attaining 14 years of age do not apply in cases in which the offense was dismissed or reduced to a misdemeanor by the court.

By expanding the duties imposed on local agencies relating to sealing of juvenile records, this bill would impose a state-mandated local program.

(4)This bill would incorporate additional changes to Section 786 of the Welfare and Institutions Code proposed by AB 529 to be operative only if this bill and AB 529 are enacted and this bill is enacted last.

(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.