(1)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 also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the persons 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.

This bill would require a county probation officer, once a person who was the subject of a petition has reached 18 years of age and the juvenile courts jurisdiction has been terminated, to petition the court to seal certain records, as specified. The bill would require the court to order all records sealed if the court finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile courts jurisdiction was terminated, as specified. If the probation officer does not file a petition, the bill would require the probation officer to notify the person and their counsel of the reason for not filing the petition. The bill would prescribe methods for a record that has been ordered sealed by the court to accessed, inspected, or utilized, including by request of the subject of the record. Unless the court determines there is good cause to retain the juvenile court record, the bill would require the court to order the destruction of a persons juvenile court records that are sealed, as specified. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program.

(2)Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief, as specified.

This bill would require the department, on a monthly basis, to review state summary criminal history information and identify arrests that are, among other conditions, of a person who was younger than 18 years of age and which did not result in a charge being sustained and do not have related pending juvenile delinquency matters, as specified. The bill would require the department to provide a list of those arrests to all agencies associated with the record of arrest, and would require each arresting agency to review that list and seal its records of the arrest, if the agencys records do not indicate that the arrest is not eligible to be sealed. The bill would require the agency to report to the Department of Justice the records that shall be sealed, and would require the department to then seal its records of those arrests. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the department to, commencing July 1, 2028, annually publish statistics on these arrests, as specified. The bill would only make these requirements operative upon an appropriation for these purposes in the annual Budget Act, and only after July 1, 2027.

(3)Existing law requires a probation department to seal the arrest and other records in its custody relating to a juveniles arrest and referral and participation in a diversion or supervision program under certain circumstances, as specified. Existing law requires the probation department to notify the arresting law enforcement agency to seal the arrest records, and requires the arresting law enforcement agency to seal the records in its custody relating to the arrest, as specified.

This bill would require the probation department to additionally notify the Department of Justice, and require the department to seal the records in its custody relating to the arrest, as specified.

(4)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.

This bill would additionally 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 court as a result of a petition filed by the probation department pursuant to the above provisions.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(5)This bill would incorporate additional changes to Section 786.5 of the Welfare and Institutions Code proposed by SB 1161 to be operative only if this bill and SB 1161 are enacted and this bill is enacted last.

(1)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 also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the persons 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.

This bill would require a county probation officer, once a person who was the subject of a petition has reached 18 years of age and the juvenile courts jurisdiction has been terminated, to petition the court to seal certain records, as specified. The bill would require the court to order all records sealed if the court finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile courts jurisdiction was terminated, as specified. If the probation officer does not file a petition, the bill would require the probation officer to notify the person and their counsel of the reason for not filing the petition. The bill would prescribe methods for a record that has been ordered sealed by the court to accessed, inspected, or utilized, including by request of the subject of the record. Unless the court determines there is good cause to retain the juvenile court record, the bill would require the court to order the destruction of a persons juvenile court records that are sealed, as specified. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program.

(2)Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief, as specified.

This bill would require the department, on a monthly basis, to review state summary criminal history information and identify arrests that are, among other conditions, of a person who was younger than 18 years of age and which did not result in a charge being sustained and do not have related pending juvenile delinquency matters, as specified. The bill would require the department to provide a list of those arrests to all agencies associated with the record of arrest, and would require each arresting agency to review that list and seal its records of the arrest, if the agencys records do not indicate that the arrest is not eligible to be sealed. The bill would require the agency to report to the Department of Justice the records that shall be sealed, and would require the department to then seal its records of those arrests. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the department to, commencing July 1, 2028, annually publish statistics on these arrests, as specified. The bill would only make these requirements operative upon an appropriation for these purposes in the annual Budget Act, and only after July 1, 2027.

(3)Existing law requires a probation department to seal the arrest and other records in its custody relating to a juveniles arrest and referral and participation in a diversion or supervision program under certain circumstances, as specified. Existing law requires the probation department to notify the arresting law enforcement agency to seal the arrest records, and requires the arresting law enforcement agency to seal the records in its custody relating to the arrest, as specified.

This bill would require the probation department to additionally notify the Department of Justice, and require the department to seal the records in its custody relating to the arrest, as specified.

(4)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.

This bill would additionally 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 court as a result of a petition filed by the probation department pursuant to the above provisions.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(5)This bill would incorporate additional changes to Section 786.5 of the Welfare and Institutions Code proposed by SB 1161 to be operative only if this bill and SB 1161 are enacted and this bill is enacted last.

(1)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 also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the persons 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.

This bill would require a county probation officer, once a person who was the subject of a petition has reached 18 years of age and the juvenile courts jurisdiction has been terminated, to petition the court to seal certain records, as specified. The bill would require the court to order all records sealed if the court finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile courts jurisdiction was terminated, as specified. If the probation officer does not file a petition, the bill would require the probation officer to notify the person and their counsel of the reason for not filing the petition. The bill would prescribe methods for a record that has been ordered sealed by the court to accessed, inspected, or utilized, including by request of the subject of the record. Unless the court determines there is good cause to retain the juvenile court record, the bill would require the court to order the destruction of a persons juvenile court records that are sealed, as specified. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program.

(2)Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief, as specified.

This bill would require the department, on a monthly basis, to review state summary criminal history information and identify arrests that are, among other conditions, of a person who was younger than 18 years of age and which did not result in a charge being sustained and do not have related pending juvenile delinquency matters, as specified. The bill would require the department to provide a list of those arrests to all agencies associated with the record of arrest, and would require each arresting agency to review that list and seal its records of the arrest, if the agencys records do not indicate that the arrest is not eligible to be sealed. The bill would require the agency to report to the Department of Justice the records that shall be sealed, and would require the department to then seal its records of those arrests. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the department to, commencing July 1, 2028, annually publish statistics on these arrests, as specified. The bill would only make these requirements operative upon an appropriation for these purposes in the annual Budget Act, and only after July 1, 2027.

(3)Existing law requires a probation department to seal the arrest and other records in its custody relating to a juveniles arrest and referral and participation in a diversion or supervision program under certain circumstances, as specified. Existing law requires the probation department to notify the arresting law enforcement agency to seal the arrest records, and requires the arresting law enforcement agency to seal the records in its custody relating to the arrest, as specified.

This bill would require the probation department to additionally notify the Department of Justice, and require the department to seal the records in its custody relating to the arrest, as specified.

(4)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.

This bill would additionally 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 court as a result of a petition filed by the probation department pursuant to the above provisions.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)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 also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the persons 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.

This bill would require a county probation officer, once a person who was the subject of a petition has reached 18 years of age and the juvenile courts jurisdiction has been terminated, to petition the court to seal certain records, as specified. The bill would require the court to order all records sealed if the court finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile courts jurisdiction was terminated, as specified. If the probation officer does not file a petition, the bill would require the probation officer to notify the person and their counsel of the reason for not filing the petition. The bill would prescribe methods for a record that has been ordered sealed by the court to accessed, inspected, or utilized, including by request of the subject of the record. Unless the court determines there is good cause to retain the juvenile court record, the bill would require the court to order the destruction of a persons juvenile court records that are sealed, as specified. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program.

(2)Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief, as specified.

(3)Existing law requires a probation department to seal the arrest and other records in its custody relating to a juveniles arrest and referral and participation in a diversion or supervision program under certain circumstances, as specified. Existing law requires the probation department to notify the arresting law enforcement agency to seal the arrest records, and requires the arresting law enforcement agency to seal the records in its custody relating to the arrest, as specified.

This bill would require the probation department to additionally notify the Department of Justice, and require the department to seal the records in its custody relating to the arrest, as specified.

(4)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.

This bill would additionally 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 court as a result of a petition filed by the probation department pursuant to the above provisions.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(1)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 also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the persons 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.

(4)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.

This bill would additionally 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 court as a result of a petition filed by the probation department pursuant to the above provisions.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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 also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the persons 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.

This bill would require a county probation officer, once a person who was the subject of a petition or cited to appear before a probation officer has reached 18 years of age, to petition the court for sealing of certain records, except as specified. The bill would require the court to order all records sealed if the court finds that the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to satisfaction of the court. The bill would require the probation department to notify a person in writing that their record has been sealed pursuant to these provisions or that they do not qualify for sealing of their record under these provisions and the reason or reasons for not sealing the record. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program.

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.

This bill would additionally 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 court as a result of a petition filed by the probation department pursuant to the above provisions.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1877

Author:(Jackson)

As Amended Ver:August 23, 2024

Majority vote

SUMMARY

Requires a county probation officer to petition a court to seal the records of any person previously adjudicated a ward of the court, who has reached the age of 18, and who is no longer under the jurisdiction of the juvenile court.

Senate Amendments

1. Require the Department of Justice (DOJ) on a monthly basis to review summary criminal history information and identify arrests of persons younger than 18 years of age which did not result in a charge being sustained and do not have and do not have any pending juvenile delinquency matters.
2. Require the DOJ to provide a list of those arrests to all agencies associated with the record of arrest, and requires each arresting agency to review the records and seal the records that are eligible for sealing.
3. States that the agency shall notify the DOJ of the records to be sealed, and requires the DOJ to seal those records.
4. Provides that the requirement of this bill only become operative upon an appropriation for these purposes in the annual Budget Act, and only after July 1, 2027.
5. Requires the DOJ, commencing July 1, 2028 to annually statistics on these arrests, as specified.
6. Double join this bill with SB 1161 (Becker) to avoid chaptering problems.

COMMENTS

As passed by the Assembly, this bill:

1. Required a court to seal juvenile records upon the filing of a petition if the person has not been convicted of a felony or any misdemeanor involving moral turpitude.
2. Required county probation to notify the person of record and their counsel within 30 days of petitioning to seal records.
3. Mandated a probation department notify a person in writing that their juvenile record was sealed or if they do not qualify for automatic sealing of records, the reasons for not sealing the records.
4. Prohibited sealing records in the following cases:
   1. Where a person is transferred to adult criminal court;
   2. Where a person was convicted of a serious or violent offense, as specified in Welfare and Institutions Code section 707, subdivision (b) after turning 14 years old;
   3. Where a person was convicted of an offense as a juvenile that required the person to register as a sex offender.
5. Allowed a person to petition the court to inspect sealed juvenile records for which they are the subject and authorizes the court to grant that petition.
6. Granted a prosecutor the authority to access or inspect sealed juvenile records in order to meet their statutory or constitutional obligation to disclose exculpatory evidence pursuant to Brady v. Maryland.
7. Exempted the Department of Motor Vehicles ("DMV") records of juvenile Vehicle Code convictions from sealing records unless a court orders a case record to be sealed and DMV maintains a public record of the conviction.
8. Stated DMV may only allow access to juvenile records to the person of record or a properly designed insurer with a valid requestor code using the information to determine eligibility for insurance coverage and rates.
9. Required a court to order the destruction of records upon ordering sealing:
   1. Five years after the records were sealed;
   2. When the person of record reaches 38 years of age unless the person was alleged or adjudicated to have committed a serious or violent crime, as defined by section 707(b) after turning 14 years of age.
10. Prohibited a court from denying a petition to seal a petition because there is an unfulfilled restitution order or fine.
11. Stated relief may not be granted to a person of record unless the prosecutor receives at least 15 days' notice of the petition for sealing.
12. Required county probation to notify the prosecutor when it files a petition. States if a prosecutor does not appear or object to the petition and received 15 days' notice, they may not move to set aside or otherwise appeal the order to grant the petition.
13. Authorized a court to order fulfillment of juvenile restitution orders and states a person is not relieved from an obligation to pay victim restriction, restitution orders, and court-imposed fines and fees because their record was sealed.
14. Required DOJ, for any person cited or arrested on or after January 1, 1973, to review the statewide criminal database to identify those cited or arrested before 18 years of age and meets the following conditions;
    1. The citation or arrest was for a misdemeanor that was dismissed;
    2. The citation or arrest was for a misdemeanor, there is no delinquency or criminal proceedings initiated; at least one calendar year has passed since the arrest, no adjudication occurred, or the person was acquitted.
    3. The arrest was for a felony, there are no delinquency or criminal proceedings initiated, at least three calendar years have passed since the date of arrest, and no adjudication occurred, or the person was acquitted of the any charges arising from that arrest.
    4. The arrest was for a serious or violent felony, as defined in Section 707(b), after the person has attained 14 years of age if there is no petition, delinquency proceeding, or criminal proceeding initiated; at least six years has passed since the date of arrest, and no adjudication occurred, or the person was acquitted of any charges arising from the arrest.
    5. The person successfully completed any of the following, relating to that arrest:
       1. A pre-filing diversion program in lieu of a referral to probation or the district attorney; or
       2. A pre-filing diversion program administered by probation in lieu of a referral to the district attorney, as specified
15. Required the DOJ to grant relief to any person eligible for relief pursuant to the terms of this bill without requiring a petition or motion for relief.
16. Mandated that probation notify the arresting law enforcement agency and DOJ to seal the arrest records, as specified, and DOJ must seal records in their custody no later than 60 days from the date of notification by probation.
17. Stated that within 30 days of receipt of notification by the arresting law enforcement agency and the DOJ that records have been sealed, county probation must notify the person of record that their record has been sealed. States if the records are not sealed, written notice from the probation department shall inform the person of record of their right to petition the court directly to seal their arrest record

According to the Author

'Current law does not seem to consider the cost or associability for a former juvenile (or current juvenile/youth) to seek out the funds, access to an attorney, or the capacity to navigate obtaining an attorney to file a petition to seal their records. For example, in a 2014, San Jose State University published a cost benefit analysis on expungement of criminal records, while using their own data from a University program assisting the low-income earners, the average costs for expungement was $3,412 per client (in 2014 dollars).

As citied in the news article by Vox News, an overwhelming majority of employers, landlords, and colleges may screen for criminal records. The data clearly shows that by just having criminal record ability to find a home or job significantly decreases. As California is facing a historic housing and affordability crises, it seems both necessary and sufficient to find effective policy alternatives and pathways to build a life and thrive as adults, especially doing this here in California. Again as noted by the San Jose State Study, 'The average respondent reported an increase in yearly income of $6,190 after record clearance.'

Arguments in Support

According to Oakland Privacy: "AB 1877 focuses on the automation of sealing juvenile records - a process which can be cumbersome and time-consuming, and even court-initiated or automatic sealing processes still contain gaps. This bill bolsters the philosophy of focusing on juvenile rehabilitation rather than utilizing punishment, which in turn removes barriers youth may face in attaining education, employment and housing, among other things. While there have been great strides in improving record sealing in the last decade, this bill will help close loopholes in the process of having records sealed, as many bills before it have done:

"SB 504 (2015) waived sealing record related fees for applicants under 26 years of age, however the burden still fell on the ward of the court to petition for their record to be sealed and navigate that court process.

"AB 666 (2015) established an automated process for sealing records by the courts for youth who completed probation and met certain requirements.

"AB 1945 (2016) clarified in what instances courts must order records to be sealed and added a requirement on probation to initiate sealing records for youth who completed non-court diversion programs and met certain requirements.

"AB 2425 (2020) The Youth Police Records Act helped close the gap on the confidentiality of records in instances of law enforcement referrals to diversion programs.

"However, the process to petition for juvenile records to be sealed is still difficult to navigate - or in some instances the information on how to do so is completely lacking. For example, the Los Angeles County probation website has a very informative web page about how to go about requesting and obtaining juvenile records, and includes a robust FAQ section, states relevant law, provides a link to the application form and contact information.5 Contrast that with the same website's informational page on sealing records which does not include anything besides stating that yes, records can be sealed, and provides an email address to contact.6 And, while the application to apply to seal your records may not have a fee, it may still require a petitioner to take time off school, work, or caring for others to handle a petition to request for records to be sealed with the court system.

"This bill does not modify or expand the eligibility regarding which juvenile records can be sealed. It simply makes the process automatic and hassle-free for the juvenile. While the passage of AB 1877 will incur nominal administrative costs to probation departments, overall it is a cost-savings measure as more juveniles who qualify to have their juvenile records sealed will complete that process and be afforded the opportunity to be able to better care for themselves and their families.”

Arguments in Opposition

None Submitted.

FISCAL COMMENTS

According to the Senate Appropriations Committee:

1. DOJ indicates annual costs (General Fund) of $2.5 million or less. DOJ indicates that CJIS would require the following resources: 1.0 Business Analyst Consultants – January 1, 2025 through March 1, 2029; 1.0 Crime Analyst (CA) III – Permanent, full time beginning January 1, 2025; 2.0 CA II – Permanent, full time beginning November 1, 2028. Additionally the CJIS – Hawkins Data Center (HDC), to perform the function outlined in this bill, would require the following resources: Application Development Bureau- 1.0 Systems Analyst Consultant – Beginning, January 1, 2025 through March 1, 2029, 2.0 Consultant Developers – Beginning, February 1, 2026, through February 1, 2029, 3.0 Information Technology Specialist (ITS) I – February 1, 2026 through January 31, 2028 (24 months), 3.0 ITS I – February 1, 2028 through January 31, 2029 (12 months), ITS I – Additional Hours – FY 2026-27; Enterprise Services Bureau - 1.0 ITS II – Permanent beginning January 1, 2026 and 1.0 ITS I – Permanent beginning February 1, 2026.
2. Potential costs (local funds, General Fund) of an unknown amount to law enforcement agencies, county probation departments, and prosecuting agencies to seal juvenile arrest records upon notification by DOJ, notify DOJ when sealing is complete, and destroy sealed records. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.
3. Cost pressures (Trial Court Trust Fund, General Fund), of an unknown but significant amount, for courts to adjudicate petitions for sealing of juvenile records. Actual costs will depend on the number of petitions and the amount of time needed to adjudicate each petition. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund.

VOTES:

ASM PUBLIC SAFETY: 6-0-2

YES: McCarty, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ABS, ABST OR NV: Alanis, Lackey

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Jim Patterson

ABS, ABST OR NV: Ta

ASSEMBLY FLOOR: 57-11-12

YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO: Alanis, Chen, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Jim Patterson, Joe Patterson, Sanchez

ABS, ABST OR NV: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Hoover, Lackey, Mathis, Luz Rivas, Ta, Valencia, Wallis

SENATE FLOOR: 31-8-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Seyarto, Wilk

ABS, ABST OR NV: Ochoa Bogh

UPDATED

VERSION: August 23, 2024

CONSULTANT: Gergory Pagan / PUB. S. / (916) 319-3744 FN: 0004839

 THIRD READING  

Bill No: AB 1877

Author: Jackson (D)

Amended: 8/23/24 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 4-1, 6/18/24

AYES: Wahab, Bradford, Skinner, Wiener

NOES: Seyarto

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/15/24

AYES: Caballero, Ashby, Becker, Bradford, Wahab

NOES: Jones, Seyarto

ASSEMBLY FLOOR: 57-11, 5/21/24 - See last page for vote

SUBJECT: Juveniles: sealing records

SOURCE: Author

DIGEST:

This bill requires a county probation officer to petition a court to seal the juvenile records of a person when the person has reached 18 and the juvenile court’s jurisdiction has been terminated, as specified, and requires the Department of Justice (DOJ) to identify specified juvenile arrest records in its databases on a monthly basis and to automatically seal those records.

Senate Floor Amendments of 8/22/24 include double-jointing language.

ANALYSIS:

Existing law:

1. Provides that, any minor who is between 12 and 17 years of age that violates any law of this state or of the United States or any ordinance of any city or county other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, and may be adjudged to be a ward of the court. (Welfare & Institutions (Welf. & Inst.) Code, § 602, subd. (a).)
2. Provides that a minor under 12 years of age who is alleged to have committed murder or a specified sex offenses, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 602, subd. (b).)
3. Authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. (Welf. & Inst. Code, § 707, subd. (a).)
4. Requires the court to order the probation officer to submit a report on the behavioral patterns and social history of the minor when a prosecutor makes a motion to transfer a juvenile case to adult criminal court. (Welf. & Inst. Code § 707, subd. (a)(1).)
5. Authorizes a county probation officer or juvenile adjudged a ward of the court, or any person cited to appear before a probation officer, or if a minor is taken before any law enforcement officer to file a petition to seal juvenile records in the following circumstances: (1) if a petition was filed against the juvenile, five years or more after the end of the juvenile court’s jurisdiction; (2) if there was no petition filed against the juvenile, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement agency; or (3), at any time in any case after the person has reached the age of 18 years of age, or, in any case at any time after the person has reached 18 years of age. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
6. Requires a court to seal a juvenile record, whether after arrest or adjudication, in any case: juvenile court jurisdiction has been terminated; the person has not been convicted of any felony or misdemeanor of moral turpitude since being terminated from juvenile court jurisdiction; and the court is satisfied the person has attained rehabilitation. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
   
7. Requires the court to direct any agency named in the order as possessing juvenile records to seal the records and advise the court of its compliance. (Welf. & Inst. Code, § 781, subd. (a)(1)(B).)
8. Requires a court to dismiss a petition and seal the records where a juvenile completes informal supervision or probation. 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, and the DOJ. (Welf. & Inst. Code, § 786, subd. (a).)
9. Requires county probation or prosecutor to seal arrest and other records related to a juvenile’s arrest and referral and participation in either a probation or prosecution diversion or supervision program following a person’s satisfactory completion of diversion or supervision. (Welf. & Inst. Code, § 786.5, subd. (a)(1)-(2).)
10. Authorizes a petition for juvenile record sealing to be filed for specified felonies, as defined by Welfare and Institutions Code section 707, subdivision (b), committed by a person 14 years of age or older, only in the following circumstances: where a person is committed to the California Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Justice (DJJ), is 21 years of age or older, and has completed probation after release from juvenile court; or, where a person is not committed to DJJ, is 18 years of age or older, and has completed probation related to that offense imposed by the court. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I-II).)
11. Authorizes the probation officer to destroy all records and papers in the proceedings concerning a minor after five years from the date on which the jurisdiction of the juvenile court over the minor is terminated. (Welf. & Inst. Code, § 826, subd. (a).)
12. Prohibits a case file that is covered by, or included in, an order of the court sealing a record pursuant to Section 781 or 786 from being inspected, except as specified by those provisions of law. (Welf. & Inst. Code, § 827, subd. (g).)
13. Provides that any information gathered by a law enforcement agency relating to the taking of a minor into custody may be disclosed to another law enforcement agency, including a school district police or security department, or to any person or agency that has a legitimate need for the information for purposes of official disposition of a case, except as limited by sealing statutes. Requires the disposition of a taking into custody to be included with any information disclosed if available. (Welf. & Inst. Code, § 828.)

This bill:

1. Requires the county probation officer, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, to do either of the following once the person has reached 18 years of age:
2. If the person will not remain under the juvenile court’s delinquency jurisdiction, the county probation officer is required to petition the court to seal the records relating to the person’s case that are in the custody of the juvenile court, probation officer, law enforcement agency, or any other private or public agency. Requires the probation officer to provide a copy of the petition to the minor and their counsel at least 30 days prior to filing the petition.
3. If the person will remain under the juvenile court’s delinquency jurisdiction, the county probation officer is required petition the court, as specified, no later than one year after the termination of the juvenile court’s delinquency jurisdiction.
4. Prohibits the following from being sealed:
5. A person’s juvenile court records relating to a case that was transferred from juvenile court to a court of criminal jurisdiction if the person was convicted in the court of criminal jurisdiction.
6. A person’s juvenile court records relating to a Section 707(b) offense that was committed when the person was 14 years of age or older, unless that offense was dismissed or reduced to a misdemeanor or a lesser offense.
7. A person’s juvenile court records relating to an offense for which the person is required to register as a sex offender.
8. Requires the court, if it finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile court’s jurisdiction was terminated to order sealed all records, papers, and exhibits in the person’s case that are in the custody of the juvenile court, law enforcement agency, probation department, DOJ, or any other private or public agency, including the juvenile court record, minute book entries, docket entries, and arrest records. Prohibits the person’s defense counsel from being ordered to seal their records. Requires the court to send a copy of the order to each agency named in the order. Requires each agency to seal the records in its custody as directed by the order, send a notice to the court that it has complied with the order, and seal the copy of the court’s order the agency received.
9. Provides that if the court has ordered the person’s records sealed, the proceedings of the sealed case shall be deemed never to have occurred and the person may properly reply accordingly to any inquiry about the events.
10. Delineates the circumstances under which the sealed record may be accessed, inspected, or utilized, including 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.
11. Provides that access to, or inspection of, a sealed record is not considered an unsealing of the record and does not require notice to any other agency.
12. Provides that its provisions do not apply to records in the custody of the Department of Motor Vehicles (DMV) relating to a conviction for an offense under the Vehicle Code or any local ordinance, as provided.
13. Prohibits a petition for sealing from being denied due to an unfulfilled order of restitution or restitution fine.
14. Provides that is provisions do not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, as specified. Provides that a person is not relieved from the obligation to pay victim restitution, a restitution fine, or a court-ordered fine because their records are sealed.
15. Prohibits a court from granting relief under the provisions of this bill unless the prosecuting attorney has been given 15 days’ notice of the petition for sealing. Requires the probation officer to notify the prosecuting attorney when a petition is filed. Prohibits the prosecuting attorney from moving to set aside or otherwise appeal the grant of that petition if the prosecuting attorney fails to appear or object to the petition after receiving notice.
16. Requires the court to order the destruction of a person’s sealed juvenile court records unless the court determines there is good cause to retain the juvenile court record.
17. Requires the court to order the destruction five years after the record was ordered sealed if the subject of the record was alleged or adjudged to be a person described by Section 601. Requires the court to order the destruction when the subject reaches 38 years of age if the subject of the record was alleged or adjudged to be a person described by Section 602. Prohibits the records from being destroyed if the subject was found to be a person described in Section 602 because of the commission of a 707(b) offense and the person was 14 years of age or older at the time of the offense.
18. Requires the court to order any other agency in possession of sealed records to destroy its records five years after the records were ordered sealed.
19. Requires DOJ to review, on a monthly basis, state summary criminal history information and identify arrests eligible to be sealed.
20. Provides that an arrest is eligible for sealing, if the arrest occurred on or after January 1, 1973, and meets either of the following conditions:
21. The arrest was for a misdemeanor offense, at least one year has elapsed since the date of the arrest, the person was younger than 18 at the time of arrest, and there are no pending juvenile delinquency matters related to the arrest and the arrest did not result in a sustained charge.
22. The arrest was for a felony offense not listed in Section 707(b), at least three years have elapsed since the date of the arrest, the person was younger than 18 at the time of arrest, and there are no pending juvenile delinquency matters related to the arrest and the arrest did not result in a sustained charge.
23. Requires DOJ to provide a list of arrests eligible for sealing to all agencies associated with the record of arrest. Requires the arresting agency to review the list of arrests and seal eligible arrest records on a monthly basis. Requires arresting agencies to electronically report to DOJ the records that will be sealed within six months of receiving the list of arrests identified by DOJ as eligible for record sealing. Requires DOJ to seal arrest records within 90 days of being notified by an arresting agency that a record will be sealed.
24. Requires DOJ to annually publish, beginning July 1, 2028, various statistics related to arrest record sealing.
25. Provides that the provisions of the bill applicable to the DOJ become operative on July 1, 2027, subject to an appropriation in the annual Budget Act.

Background

Existing law contains several provisions governing the circumstances in which a person may seek to seal juvenile records. Welfare and Institutions Code section 781 generally authorizes a petition to seal juvenile records in any case where juvenile jurisdiction is terminated or dismissed. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).) Welfare and Institutions Code section 786 authorizes a court to seal records where a wardship petition is dismissed after successful completion of probation or informal supervision. (Welf. & Inst. Code § 786, subd. (a).) Welfare and Institutions Code section 786.5, on the other hand, mandates a court seal records upon satisfactory completion of diversion. (Welf. & Inst. Code, § 786.5, subd. (a).)

In cases where a juvenile successfully completes diversion, county probation must, within 60 days of successful completion, determine whether the juvenile “satisfactorily completed” diversion, and if so, it must seal any records in its custody and notify the arresting law enforcement agency to seal the arrest records within their custody within 60 days. (Welf. & Inst. Code, § 786.5, subd. (d).)

Welfare and Institutions Code section 781 also specifies a petition to seal records is generally requested by either the county probation department or the person of record. County probation or the person of record may petition the court to seal records in the following cases: five years after the termination of the court’s jurisdiction; where no petition or charges are filed against the juvenile; and any time after the person turns 18 years of age. (Welf. & Inst. Code, § 781, subd. (a)(1)(B)-(D).) Existing law requires a court and law enforcement to seal juvenile records where a petition is dismissed, without exception. (See In re Dean W. (2017) 16 Cal.App.5th 970, 976.)

However, a court may not seal a record or dismiss a petition if the petition was sustained based on the commission of a serious or violent felony, as specified in Welfare and Institutions Code section 707, subdivision (b) (hereinafter referred to as “707(b) offenses”) and the person was 14 years of age or older unless the section 707, subdivision (b) offense was dismissed or reduced to a lesser offense not listed in section 707, subdivision (b). (Welf. & Inst. Code, § 786, subd. (d).)

As a general matter, juvenile court records 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, subd. (a).) The person of record may also petition to have records retained by other agencies destroyed, and the request must be granted unless good cause is shown for retention of the records. (Welf. & Inst. Code, § 826, subd. (b).) When records are destroyed pursuant to these provision, the proceedings “shall be deemed never to have occurred.” (Welf. & Inst. Code, § 826, subd. (a).) Courts have interpreted the phrase “never to have occurred” to mean that the juvenile proceeding is deemed not to have existed. (Parmett v. Superior Court (Christal B.) (1989) 212 Cal.App.3d 1261, 1267.)

Juvenile records that are ineligible for automatic record sealing via Welfare and Institutions Code section 786, may be sealed pursuant to Welfare and Institutions Code section 781. Under section 781, a person may petition the court to seal records related to a non-707(b) offense if the person is at least 18 years old, or it has been at least five years since the case was closed or the person’s last contact with probation, and the court finds that the person has been rehabilitated. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)

If the person of record was convicted of a 707(b) offense and was committed to DJJ, the petitioner must be 21 years of age and have completed probation supervision. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I).)If the person of record was convicted of a 707(b) offense and was not committed to DJJ, the petitioner only need to have attained 18 years of age and have completed probation supervision. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(II).) Records related to a 707(b) offense committed after the petitioner attained 14 years of age and for which the person is required to register as a sex offender pursuant to Penal Code section 290.008 are prohibited from being sealed. (Welf. & Inst. Code, § 781, subd. (a)(1)(F).)

This bill seeks to automate the process for sealing juvenile arrest records.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• DOJ indicates annual costs (General Fund) of $2.5 million or less. DOJ indicates that CJIS would require the following resources: 1.0 Business Analyst Consultants – January 1, 2025 through March 1, 2029; 1.0 Crime Analyst (CA) III – Permanent, full time beginning January 1, 2025; 2.0 CA II – Permanent, full time beginning November 1, 2028. Additionally the CJIS – Hawkins Data Center (HDC), to perform the function outlined in this bill, would require the following resources: Application Development Bureau- 1.0 Systems Analyst Consultant – Beginning, January 1, 2025 through March 1, 2029, 2.0 Consultant Developers – Beginning, February 1, 2026, through February 1, 2029, 3.0 Information Technology Specialist (ITS) I – February 1, 2026 through January 31, 2028 (24 months), 3.0 ITS I – February 1, 2028 through January 31, 2029 (12 months), ITS I – Additional Hours – FY 2026-27; Enterprise Services Bureau - 1.0 ITS II – Permanent beginning January 1, 2026 and 1.0 ITS I – Permanent beginning February 1, 2026.
  
• Potential costs (local funds, General Fund) of an unknown amount to law enforcement agencies, county probation departments, and prosecuting agencies to seal juvenile arrest records upon notification by DOJ, notify DOJ when sealing is complete, and destroy sealed records. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.
• Cost pressures (Trial Court Trust Fund, General Fund), of an unknown but significant amount, for courts to adjudicate petitions for sealing of juvenile records. Actual costs will depend on the number of petitions and the amount of time needed to adjudicate each petition. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund.

SUPPORT: (Verified 8/22/24)

ACLU California Action

Alliance for Children’s Rights

California Academy of Child and Adolescent Psychiatry

California Alliance of Child and Family Services

California Coalition for Youth

California Public Defenders Association

Center for Employment Opportunities

GLIDE

Initiate Justice

La Defensa

Los Angeles County District Attorney’s Office

Oakland Privacy

Pacific Juvenile Defender Center

Secure Justice

Smart Justice California

OPPOSITION: (Verified 8/22/24)

None received

ASSEMBLY FLOOR: 57-11, 5/21/24

AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Alanis, Chen, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Jim Patterson, Joe Patterson, Sanchez

NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Hoover, Lackey, Mathis, Luz Rivas, Ta, Valencia, Wallis

Prepared by: Stephanie Jordan / PUB. S. /

8/25/24 12:49:28

**** END ****

 THIRD READING  

Bill No: AB 1877

Author: Jackson (D)

Amended: 8/15/24 in Senate

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 4-1, 6/18/24

AYES: Wahab, Bradford, Skinner, Wiener

NOES: Seyarto

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/15/24

AYES: Caballero, Ashby, Becker, Bradford, Wahab

NOES: Jones, Seyarto

ASSEMBLY FLOOR: 57-11, 5/21/24 - See last page for vote

SUBJECT: Juveniles: sealing records

SOURCE: Author

DIGEST:

This bill requires a county probation officer to petition a court to seal the juvenile records of a person when the person has reached 18 and the juvenile court’s jurisdiction has been terminated, as specified, and requires the Department of Justice (DOJ) to identify specified juvenile arrest records in its databases on a monthly basis and to automatically seal those records.

ANALYSIS:

Existing law:

1. Provides that, any minor who is between 12 and 17 years of age that violates any law of this state or of the United States or any ordinance of any city or county other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, and may be adjudged to be a ward of the court. (Welf. & Inst. Code, § 602, subd. (a).)
2. Provides that a minor under 12 years of age who is alleged to have committed murder or a specified sex offenses, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 602, subd. (b).)
3. Authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. (Welf. & Inst. Code, § 707, subd. (a).)
4. Requires the court to order the probation officer to submit a report on the behavioral patterns and social history of the minor when a prosecutor makes a motion to transfer a juvenile case to adult criminal court. (Welf. & Inst. Code § 707, subd. (a)(1).)
5. Authorizes a county probation officer or juvenile adjudged a ward of the court, or any person cited to appear before a probation officer, or if a minor is taken before any law enforcement officer to file a petition to seal juvenile records in the following circumstances: if a petition was filed against the juvenile, five years or more after the end of the juvenile court’s jurisdiction; if there was no petition filed against the juvenile, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement agency; or, at any time in any case after the person has reached the age of 18 years of age, or, in any case at any time after the person has reached 18 years of age. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
6. Requires a court to seal a juvenile record, whether after arrest or adjudication, in any case: juvenile court jurisdiction has been terminated; the person has not been convicted of any felony or misdemeanor of moral turpitude since being terminated from juvenile court jurisdiction; and the court is satisfied the person has attained rehabilitation. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
   
7. Requires the court to direct any agency named in the order as possessing juvenile records to seal the records and advise the court of its compliance. (Welf. & Inst. Code, § 781, subd. (a)(1)(B).)
8. Requires a court to dismiss a petition and seal the records where a juvenile completes informal supervision or probation. 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, and the DOJ. (Welf. & Inst. Code, § 786, subd. (a).)
9. Requires county probation or prosecutor to seal arrest and other records related to a juvenile’s arrest and referral and participation in either a probation or prosecution diversion or supervision program following a person’s satisfactory completion of diversion or supervision. (Welf. & Inst. Code, § 786.5, subd. (a)(1)-(2).)
10. Authorizes a petition for juvenile record sealing to be filed for specified felonies, as defined by Welfare and Institutions Code section 707, subdivision (b), committed by a person 14 years of age or older, only in the following circumstances: where a person is committed to the California Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Justice (DJJ), is 21 years of age or older, and has completed probation after release from juvenile court; or, where a person is not committed to DJJ, is 18 years of age or older, and has completed probation related to that offense imposed by the court. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I-II).)
11. Authorizes the probation officer to destroy all records and papers in the proceedings concerning a minor after five years from the date on which the jurisdiction of the juvenile court over the minor is terminated. (Welf. & Inst. Code, § 826, subd. (a).)
12. Prohibits a case file that is covered by, or included in, an order of the court sealing a record pursuant to Section 781 or 786 from being inspected, except as specified by those provisions of law. (Welf. & Inst. Code, § 827, subd. (g).)
13. Provides that any information gathered by a law enforcement agency relating to the taking of a minor into custody may be disclosed to another law enforcement agency, including a school district police or security department, or to any person or agency that has a legitimate need for the information for purposes of official disposition of a case, except as limited by sealing statutes. Requires the disposition of a taking into custody to be included with any information disclosed if available. (Welf. & Inst. Code, § 828.)

This bill:

1. Requires the county probation officer, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, to do either of the following once the person has reached 18 years of age:
2. If the person will not remain under the juvenile court’s delinquency jurisdiction, the county probation officer is required to petition the court to seal the records relating to the person’s case that are in the custody of the juvenile court, probation officer, law enforcement agency, or any other private or public agency. Requires the probation officer to provide a copy of the petition to the minor and their counsel at least 30 days prior to filing the petition.
3. If the person will remain under the juvenile court’s delinquency jurisdiction, the county probation officer is required petition the court, as specified, no later than one year after the termination of the juvenile court’s delinquency jurisdiction.
4. Prohibits the following from being sealed:
5. A person’s juvenile court records relating to a case that was transferred from juvenile court to a court of criminal jurisdiction if the person was convicted in the court of criminal jurisdiction.
6. A person’s juvenile court records relating to a Section 707(b) offense that was committed when the person was 14 years of age or older, unless that offense was dismissed or reduced to a misdemeanor or a lesser offense.
7. A person’s juvenile court records relating to an offense for which the person is required to register as a sex offender.
8. Requires the court, if it finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile court’s jurisdiction was terminated to order sealed all records, papers, and exhibits in the person’s case that are in the custody of the juvenile court, law enforcement agency, probation department, DOJ, or any other private or public agency, including the juvenile court record, minute book entries, docket entries, and arrest records. Prohibits the person’s defense counsel from being ordered to seal their records. Requires the court to send a copy of the order to each agency named in the order. Requires each agency to seal the records in its custody as directed by the order, send a notice to the court that it has complied with the order, and seal the copy of the court’s order the agency received.
9. Provides that if the court has ordered the person’s records sealed, the proceedings of the sealed case shall be deemed never to have occurred and the person may properly reply accordingly to any inquiry about the events.
10. Delineates the circumstances under which the sealed record may be accessed, inspected, or utilized, including 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.
11. Provides that access to, or inspection of, a sealed record is not considered an unsealing of the record and does not require notice to any other agency.
12. Provides that its provisions do not apply to records in the custody of the Department of Motor Vehicles (DMV) relating to a conviction for an offense under the Vehicle Code or any local ordinance, as provided.
13. Prohibits a petition for sealing from being denied due to an unfulfilled order of restitution or restitution fine.
14. Provides that is provisions do not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, as specified. Provides that a person is not relieved from the obligation to pay victim restitution, a restitution fine, or a court-ordered fine because their records are sealed.
15. Prohibits a court from granting relief under the provisions of this bill unless the prosecuting attorney has been given 15 days’ notice of the petition for sealing. Requires the probation officer to notify the prosecuting attorney when a petition is filed. Prohibits the prosecuting attorney from moving to set aside or otherwise appeal the grant of that petition if the prosecuting attorney fails to appear or object to the petition after receiving notice.
16. Requires the court to order the destruction of a person’s sealed juvenile court records unless the court determines there is good cause to retain the juvenile court record.
17. Requires the court to order the destruction five years after the record was ordered sealed if the subject of the record was alleged or adjudged to be a person described by Section 601. Requires the court to order the destruction when the subject reaches 38 years of age if the subject of the record was alleged or adjudged to be a person described by Section 602. Prohibits the records from being destroyed if the subject was found to be a person described in Section 602 because of the commission of a 707(b) offense and the person was 14 years of age or older at the time of the offense.
18. Requires the court to order any other agency in possession of sealed records to destroy its records five years after the records were ordered sealed.
19. Requires DOJ to review, on a monthly basis, state summary criminal history information and identify arrests eligible to be sealed.
20. Provides that an arrest is eligible for sealing, if the arrest occurred on or after January 1, 1973, and meets either of the following conditions:
21. The arrest was for a misdemeanor offense, at least one year has elapsed since the date of the arrest, the person was younger than 18 at the time of arrest, and there are no pending juvenile delinquency matters related to the arrest and the arrest did not result in a sustained charge.
22. The arrest was for a felony offense not listed in Section 707(b), at least three years have elapsed since the date of the arrest, the person was younger than 18 at the time of arrest, and there are no pending juvenile delinquency matters related to the arrest and the arrest did not result in a sustained charge.
23. Requires DOJ to provide a list of arrests eligible for sealing to all agencies associated with the record of arrest. Requires the arresting agency to review the list of arrests and seal eligible arrest records on a monthly basis. Requires arresting agencies to electronically report to DOJ the records that will be sealed within six months of receiving the list of arrests identified by DOJ as eligible for record sealing. Requires DOJ to seal arrest records within 90 days of being notified by an arresting agency that a record will be sealed.
24. Requires DOJ to annually publish, beginning July 1, 2028, various statistics related to arrest record sealing.
25. Provides that the provisions of the bill applicable to the DOJ become operative on July 1, 2027, subject to an appropriation in the annual Budget Act.

Background

Existing law contains several provisions governing the circumstances in which a person may seek to seal juvenile records. Welfare and Institutions Code section 781 generally authorizes a petition to seal juvenile records in any case where juvenile jurisdiction is terminated or dismissed. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).) Welfare and Institutions Code section 786 authorizes a court to seal records where a wardship petition is dismissed after successful completion of probation or informal supervision. (Welf. & Inst. Code § 786, subd. (a).) Welfare and Institutions Code section 786.5, on the other hand, mandates a court seal records upon satisfactory completion of diversion. (Welf. & Inst. Code, § 786.5, subd. (a).)

In cases where a juvenile successfully completes diversion, county probation must, within 60 days of successful completion, determine whether the juvenile “satisfactorily completed” diversion, and if so, it must seal any records in its custody and notify the arresting law enforcement agency to seal the arrest records within their custody within 60 days. (Welf. & Inst. Code, § 786.5, subd. (d).)

Welfare and Institutions Code section 781 also specifies a petition to seal records is generally requested by either the county probation department or the person of record. County probation or the person of record may petition the court to seal records in the following cases: five years after the termination of the court’s jurisdiction; where no petition or charges are filed against the juvenile; and any time after the person turns 18 years of age. (Welf. & Inst. Code, § 781, subd. (a)(1)(B)-(D).) Existing law requires a court and law enforcement to seal juvenile records where a petition is dismissed, without exception. (See In re Dean W. (2017) 16 Cal.App.5th 970, 976.)

However, a court may not seal a record or dismiss a petition if the petition was sustained based on the commission of a serious or violent felony, as specified in Welfare and Institutions Code section 707, subdivision (b) (hereinafter referred to as “707(b) offenses”) and the person was 14 years of age or older unless the section 707, subdivision (b) offense was dismissed or reduced to a lesser offense not listed in section 707, subdivision (b). (Welf. & Inst. Code, § 786, subd. (d).)

As a general matter, juvenile court records 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, subd. (a).) The person of record may also petition to have records retained by other agencies destroyed, and the request must be granted unless good cause is shown for retention of the records. (Welf. & Inst. Code, § 826, subd. (b).) When records are destroyed pursuant to these provision, the proceedings “shall be deemed never to have occurred.” (Welf. & Inst. Code, § 826, subd. (a).) Courts have interpreted the phrase “never to have occurred” to mean that the juvenile proceeding is deemed not to have existed. (Parmett v. Superior Court (Christal B.) (1989) 212 Cal.App.3d 1261, 1267.)

Juvenile records that are ineligible for automatic record sealing via Welfare and Institutions Code section 786, may be sealed pursuant to Welfare and Institutions Code section 781. Under section 781, a person may petition the court to seal records related to a non-707(b) offense if the person is at least 18 years old, or it has been at least 5 years since the case was closed or the person’s last contact with probation, and the court finds that the person has been rehabilitated. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)

If the person of record was convicted of a 707(b) offense and was committed to DJJ, the petitioner must be 21 years of age and have completed probation supervision. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I).)If the person of record was convicted of a 707(b) offense and was not committed to DJJ, the petitioner only need to have attained 18 years of age and have completed probation supervision. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(II).) Records related to a 707(b) offense committed after the petitioner attained 14 years of age and for which the person is required to register as a sex offender pursuant to Penal Code section 290.008 are prohibited from being sealed. (Welf. & Inst. Code, § 781, subd. (a)(1)(F).)

This bill seeks to automate the process for sealing juvenile arrest records.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• DOJ indicates annual costs (General Fund) of $2.5 million or less. DOJ indicates that CJIS would require the following resources: 1.0 Business Analyst Consultants – January 1, 2025 through March 1, 2029; 1.0 Crime Analyst (CA) III – Permanent, full time beginning January 1, 2025; 2.0 CA II – Permanent, full time beginning November 1, 2028. Additionally the CJIS – Hawkins Data Center (HDC), to perform the function outlined in this bill, would require the following resources: Application Development Bureau- 1.0 Systems Analyst Consultant – Beginning, January 1, 2025 through March 1, 2029, 2.0 Consultant Developers – Beginning, February 1, 2026, through February 1, 2029, 3.0 Information Technology Specialist (ITS) I – February 1, 2026 through January 31, 2028 (24 months), 3.0 ITS I – February 1, 2028 through January 31, 2029 (12 months), ITS I – Additional Hours – FY 2026-27; Enterprise Services Bureau - 1.0 ITS II – Permanent beginning January 1, 2026 and 1.0 ITS I – Permanent beginning February 1, 2026.
  
• Potential costs (local funds, General Fund) of an unknown amount to law enforcement agencies, county probation departments, and prosecuting agencies to seal juvenile arrest records upon notification by DOJ, notify DOJ when sealing is complete, and destroy sealed records. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.
• Cost pressures (Trial Court Trust Fund, General Fund), of an unknown but significant amount, for courts to adjudicate petitions for sealing of juvenile records. Actual costs will depend on the number of petitions and the amount of time needed to adjudicate each petition. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund.

SUPPORT: (Verified 8/15/24)

ACLU California Action

Alliance for Children’s Rights

California Academy of Child and Adolescent Psychiatry

California Alliance of Child and Family Services

California Coalition for Youth

California Public Defenders Association

Center for Employment Opportunities

GLIDE

Initiate Justice

La Defensa

Los Angeles County District Attorney’s Office

Oakland Privacy

Pacific Juvenile Defender Center

Secure Justice

Smart Justice California

OPPOSITION: (Verified 8/15/24)

None received

ASSEMBLY FLOOR: 57-11, 5/21/24

AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Garcia, Gipson, Grayson, Haney, Hart, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Villapudua, Waldron, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Alanis, Chen, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Jim Patterson, Joe Patterson, Sanchez

NO VOTE RECORDED: Cervantes, Megan Dahle, Friedman, Gabriel, Holden, Hoover, Lackey, Mathis, Luz Rivas, Ta, Valencia, Wallis

Prepared by: Stephanie Jordan / PUB. S. /

8/19/24 17:34:16

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 1877 (Jackson) - Juveniles: sealing records

Bill Summary:

AB 1877 requires county probation departments, courts, and the Department of Justice (DOJ) to undertake regular efforts to seal qualifying juvenile adjudication, arrest, and citation records.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 15, 2024

Fiscal Impact:

• DOJ indicates annual costs (General Fund) of $2.5 million or less. DOJ indicates that CJIS would require the following resources: 1.0 Business Analyst Consultants – January 1, 2025 through March 1, 2029; 1.0 Crime Analyst (CA) III – Permanent, full time beginning January 1, 2025; 2.0 CA II – Permanent, full time beginning November 1, 2028. Additionally the CJIS – Hawkins Data Center (HDC), to perform the function outlined in this bill, would require the following resources: Application Development Bureau- 1.0 Systems Analyst Consultant – Beginning, January 1, 2025 through March 1, 2029, 2.0 Consultant Developers – Beginning, February 1, 2026, through February 1, 2029, 3.0 Information Technology Specialist (ITS) I – February 1, 2026 through January 31, 2028 (24 months), 3.0 ITS I – February 1, 2028 through January 31, 2029 (12 months), ITS I – Additional Hours – FY 2026-27; Enterprise Services Bureau - 1.0 ITS II – Permanent beginning January 1, 2026 and 1.0 ITS I – Permanent beginning February 1, 2026.
  
• Potential costs (local funds, General Fund) of an unknown amount to law enforcement agencies, county probation departments, and prosecuting agencies to seal juvenile arrest records upon notification by DOJ, notify DOJ when sealing is complete, and destroy sealed records. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.
• Cost pressures (Trial Court Trust Fund, General Fund), of an unknown but significant amount, for courts to adjudicate petitions for sealing of juvenile records. Actual costs will depend on the number of petitions and the amount of time needed to adjudicate each petition. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund.

Author Amendments:

These amendments clarify the requirements of the DOJ and local law enforcement agencies relating to the identification of and sealing juvenile records. Specifically, these amendments provide that the DOJ shall, on a monthly basis, review state summary criminal history information and identify arrests that are, among other conditions, of a person who was younger than 18 years of age and which did not result in a charge being sustained and do not have related pending juvenile delinquency matters, as specified. The amendments require the DOJ to provide a list of those arrests to all agencies associated with the record of arrest, and would require each arresting agency to review that list and seal its records of the arrest, if the agency’s records do not indicate that the arrest is not eligible to be sealed. The amendments would require the agency to report to the DOJ the records that shall be sealed, and would require the department to then seal its records of those arrests.

The amendments also require DOJ, commencing July 1, 2028, to annually publish statistics, as specified.

The amendments make the bill operative upon an appropriation for these purposes in the annual Budget Act, and only after July 1, 2027.

-- END --

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 1877 (Jackson) - Juveniles: sealing records

Bill Summary:

AB 1877 requires county probation departments, courts, and the Department of Justice (DOJ) to undertake regular efforts to seal qualifying juvenile adjudication, arrest, and citation records.

Fiscal Impact:

• Costs (local funds, General Fund), of an unknown but potentially significant amount, to county probation departments to file petitions for sealing juvenile records and make required notifications to arresting law enforcement agencies, DOJ, and people whose records are sealed. The total number of petitions likely to be filed annually is unknown but may be in the thousands statewide. If ten counties must each hire one new probation officer to handle the resulting workload, at an average annual salary of $75,000 each, the statewide cost would be $750,000 per year plus benefits. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.
• Cost pressures (Trial Court Trust Fund, General Fund), of an unknown but significant amount, for courts to adjudicate petitions for sealing of juvenile records. Actual costs will depend on the number of petitions and the amount of time needed to adjudicate each petition. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund.
• Costs to DOJ (General Fund) to identify and seal qualifying juvenile records, publish related statistics annually on its website, and make required notifications, possibly in the tens of millions of dollars annually.
• Costs (local funds, General Fund) of an unknown amount to law enforcement agencies, county probation departments, and prosecuting agencies to seal juvenile arrest records upon notification by DOJ, notify DOJ when sealing is complete, and destroy sealed records. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.

Background:

In recent years, California has enacted many pieces of legislation to allow expungement and sealing of adult criminal history records, including laws that require DOJ to regularly review statewide criminal history records and automatically grant record relief to qualifying individuals without requiring petitions, motions, or other court processes. Under existing law, the processes for sealing juvenile adjudication and arrest records are governed by a patchwork of statutes, some of which require a petition by the probation department or person of record. Whether juvenile record relief may be requested or granted depends on a number of factors including the disposition of each juvenile matter and the offense at issue. There is currently no comprehensive system for identifying and sealing qualifying juvenile adjudication, arrest, and citation records.

Proposed Law:

• Requires a court to seal juvenile records upon the filing of a petition if the person has not been convicted of a felony or any misdemeanor involving moral turpitude.
• Requires county probation to notify the person of record and their counsel within 30 days of petitioning to seal records.
• Mandates a probation department notify a person in writing that their juvenile record was sealed or if they do not qualify for automatic sealing of records, the reasons for not sealing the records.
• Prohibits sealing records in the following cases:
  • Where a person is transferred to adult criminal court;
  • Where a person was convicted of a serious or violent offense, as specified in Welfare and Institutions Code section 707, subdivision (b) after turning 14 years old; and,
  • Where a person was convicted of an offense as a juvenile that required the person to register as a sex offender.
• Allows a person to petition the court to inspect sealed juvenile records for which they are the subject and authorizes the court to grant that petition.
• Grants a prosecutor the authority to access or inspect sealed juvenile records in order to meet their statutory or constitutional obligation to disclose exculpatory evidence pursuant to Brady v. Maryland.
• Exempts the Department of Motor Vehicles (“DMV”) records of juvenile Vehicle Code convictions from sealing records unless a court orders a case record to be sealed and DMV maintains a public record of the conviction.
• States DMV may only allow access to juvenile records to the person of record or a properly designed insurer with a valid requestor code using the information to determine eligibility for insurance coverage and rates.
• Requires a court to order the destruction of records upon ordering sealing:
  • Five years after the records were sealed; and,
  • When the person of record reaches 38 years of age unless the person was alleged or adjudicated to have committed a serious or violent crime, as defined by section 707(b) after turning 14 years of age.
• Prohibits a court from denying a petition to seal a petition because there is an unfulfilled restitution order or fine.
• States relief may not be granted to a person of record unless the prosecutor receives at least 15 days’ notice of the petition for sealing.
• Requires county probation to notify the prosecutor when it files a petition. States if a prosecutor does not appear or object to the petition and received 15 days’ notice, they may not move to set aside or otherwise appeal the order to grant the petition.
• Authorizes a court to order fulfillment of juvenile restitution orders and states a person is not relieved from an obligation to pay victim restriction, restitution orders, and court-imposed fines and fees because their record was sealed.
• Requires DOJ, for any person cited or arrested on or after January 1, 1973, to review the statewide criminal database to identify those cited or arrested before 18 years of age and meets the following conditions;
  • The citation or arrest was for a misdemeanor that was dismissed;
  • The citation or arrest was for a misdemeanor, there is no delinquency or criminal proceedings initiated; at least one calendar year has passed since the arrest, no adjudication occurred, or the person was acquitted;
  • The arrest was for a felony, there are no delinquency or criminal proceedings initiated, at least three calendar years have passed since the date of arrest, and no adjudication occurred, or the person was acquitted of the any charges arising from that arrest;
  • The arrest was for a serious or violent felony, as defined in Section 707(b), after the person has attained 14 years of age if there is no petition, delinquency proceeding, or criminal proceeding initiated; at least six years has passed since the date of arrest, and no adjudication occurred, or the person was acquitted of any charges arising from the arrest; and,
  • The person successfully completed any of the following, relating to that arrest:
    • A pre-filing diversion program in lieu of a referral to probation or the district attorney; or
    • A pre-filing diversion program administered by probation in lieu of a referral to the district attorney, as specified.
• Requires the DOJ to grant relief to any person eligible for relief pursuant to the terms of this bill without requiring a petition or motion for relief.
• Mandates that probation notify the arresting law enforcement agency and DOJ to seal the arrest records, as specified, and DOJ must seal records in their custody no later than 60 days from the date of notification by probation.
• States that within 30 days of receipt of notification by the arresting law enforcement agency and the DOJ that records have been sealed, county probation must notify the person of record that their record has been sealed. States if the records are not sealed, written notice from the probation department shall inform the person of record of their right to petition the court directly to seal their arrest record.

Staff Comments:

It is difficult to estimate how many petitions for sealing that county probation departments will be required to file under this bill. Much of the statewide juvenile justice data collected by DOJ is reported through incident- or petition-based reporting systems, meaning that the data pertains to the number of juvenile petitions filed, offenses contained in petitions, or contacts with law enforcement agencies, rather than tracking the progress of an individual through the system, so it is challenging to determine with any precision how many people may become eligible for juvenile records sealing in a given year. DOJ data shows that in 2022, there were about 17,600 juvenile petitions filed in California, with about 9,000 petitions resulting in wardship. Assuming that, each year, several thousand people who were previously the subject of juvenile petitions turn 18 or become eligible for sealing by leaving the jurisdiction of the juvenile court, county probation departments will be required to file a corresponding number of petitions for sealing under this bill. This increase in workload may require additional staffing for county probation departments.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: AB 1877 Hearing Date: June 18, 2024

Subject: Juveniles: sealing records

HISTORY

Source: Author

Prior Legislation: AB 2425 (Stone), Ch. 330, Stats. 2020

SB 1126 (Jones), Ch. 338, Stats. 2020

AB 1537 (Cunningham), Ch. 50, Stats. 2019

AB 2952 (Stone), Ch. 1002, Stats. 2018

AB 529 (Stone), Ch. 685, Stats. 2017

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: ACLU California Action; Alliance for Children’s Rights; California Academy of Child and Adolescent Psychiatry; California Alliance of Child and Family Services; California Coalition for Youth; California Public Defenders Association; Center for Employment Opportunities; GLIDE; Initiate Justice; La Defensa; Oakland Privacy; Pacific Juvenile Defender Center; Secure Justice; Smart Justice California

Opposition: None known

Assembly Floor Vote: 57 - 11

PURPOSE

The purpose of this bill is to require a county probation officer to petition a court to seal the juvenile records of a person when the person has reached 18 and the juvenile court’s jurisdiction has been terminated, as specified, and to require the Department of Justice (DOJ) to identify specified juvenile arrest and citation records in its databases on a monthly basis and to automatically seal those records.

Existing law provides that, any minor who is between 12 and 17 years of age that violates any law of this state or of the United States or any ordinance of any city or county other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, and may be adjudged to be a ward of the court. (Welf. & Inst. Code, § 602, subd. (a).)

Existing law provides that a minor under 12 years of age who is alleged to have committed murder or a specified sex offenses, is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 602, subd. (b).)

Existing law authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. (Welf. & Inst. Code, § 707, subd. (a).)

Existing law requires the court to order the probation officer to submit a report on the behavioral patterns and social history of the minor when a prosecutor makes a motion to transfer a juvenile case to adult criminal court. (Welf. & Inst. Code § 707, subd. (a)(1).)

Existing law authorizes a county probation officer or juvenile adjudged a ward of the court, or any person cited to appear before a probation officer, or if a minor is taken before any law enforcement officer to file a petition to seal juvenile records in the following circumstances:

• If a petition was filed against the juvenile, five years or more after the end of the juvenile court’s jurisdiction;
• If there was no petition filed against the juvenile, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement agency; or,
• At any time in any case after the person has reached the age of 18 years of age, or, in any case at any time after the person has reached 18 years of age. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)

Existing law requires a court to seal a juvenile record, whether after arrest or adjudication, in any case: (a) juvenile court jurisdiction has been terminated; (b) the person has not been convicted of any felony or misdemeanor of moral turpitude since being terminated from juvenile court jurisdiction; and (c) the court is satisfied the person has attained rehabilitation. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)

Existing law requires the court to direct any agency named in the order as possessing juvenile records to seal the records and advise the court of its compliance. (Welf. & Inst. Code, § 781, subd. (a)(1)(B).)

Existing law requires a court to dismiss a petition and seal the records where a juvenile completes informal supervision or probation. 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, and the DOJ. (Welf. & Inst. Code, § 786, subd. (a).)

Existing law requires county probation or prosecutor to seal arrest and other records related to a juvenile’s arrest and referral and participation in either a probation or prosecution diversion or supervision program following a person’s satisfactory completion of diversion or supervision. (Welf. & Inst. Code, § 786.5, subd. (a)(1)-(2).)

Existing law authorizes a petition for juvenile record sealing to be filed for specified felonies, as defined by Welfare and Institutions Code section 707, subdivision (b), committed by a person 14 years of age or older, only in the following circumstances:

• Where a person is committed to the California Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Justice (DJJ), is 21 years of age or older, and has completed probation after release from juvenile court;
• Where a person is not committed to DJJ, is 18 years of age or older, and has completed probation related to that offense imposed by the court. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I-II).)

Existing law authorizes the probation officer to destroy all records and papers in the proceedings concerning a minor after five years from the date on which the jurisdiction of the juvenile court over the minor is terminated. (Welf. & Inst. Code, § 826, subd. (a).)

Existing law prohibits a case file that is covered by, or included in, an order of the court sealing a record pursuant to Section 781 or 786 from being inspected, except as specified by those provisions of law. (Welf. & Inst. Code, § 827, subd. (g).)

Existing law provides that any information gathered by a law enforcement agency relating to the taking of a minor into custody may be disclosed to another law enforcement agency, including a school district police or security department, or to any person or agency that has a legitimate need for the information for purposes of official disposition of a case, except as limited by sealing statutes. Requires the disposition of a taking into custody to be included with any information disclosed if available. (Welf. & Inst. Code, § 828.)

This bill requires the county probation officer, notwithstanding Section 781 of the Welfare and Institutions Code or Section 1203.47 of the Penal Code, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, to do either of the following once the person has reached 18 years of age:

• If the person will not remain under the juvenile court’s delinquency jurisdiction, the county probation officer is required to petition the court to seal the records relating to the person’s case that are in the custody of the juvenile court, probation officer, law enforcement agency, or any other private or public agency. Requires the probation officer to provide a copy of the petition to the minor and their counsel at least 30 days prior to filing the petition.
• If the person will remain under the juvenile court’s delinquency jurisdiction, the county probation officer is required petition the court, as specified, no later than one year after the termination of the juvenile court’s delinquency jurisdiction.

This bill prohibits the following from being sealed:

• A person’s juvenile court records relating to a case that was transferred from juvenile court to a court of criminal jurisdiction under Section 707.1 if the person was convicted in the court of criminal jurisdiction.
• A person’s juvenile court records relating to a Section 707(b) offense that was committed when the person was 14 years of age or older, unless that offense was dismissed or reduced to a misdemeanor or a lesser offense that is not listed Section 707(b).
• A person’s juvenile court records relating to an offense for which the person is required to register pursuant to Section 290.008 of the Penal Code.

This bill requires the court, if it finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile court’s jurisdiction was terminated to order sealed all records, papers, and exhibits in the person’s case that are in the custody of the juvenile court, law enforcement agency, probation department, DOJ, or any other private or public agency, including the juvenile court record, minute book entries, docket entries, and arrest records. Prohibits the person’s defense counsel from being ordered to seal their records. Requires the court to send a copy of the order to each agency named in the order. Requires each agency to seal the records in its custody as directed by the order, send a notice to the court that it has complied with the order, and seal the copy of the court’s order the agency received.

This bill provides that if the court has ordered the person’s records sealed, the proceedings of the sealed case shall be deemed never to have occurred and the person may properly reply accordingly to any inquiry about the events.

This bill requires the probation officer to notify, in writing, the person and their counsel of the reason for not filing the petition if the probation officer does not file a petition as outlines above.

This bill provides that the sealed record may only be accessed, inspected, or utilized under the following circumstances:

• If the person who is the subject of the sealed records petitions the court to permit inspection of the records and the court grants inspection.
• 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, as specified.
• 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 specifies that in order to access, inspect, or utilize the sealed record, the prosecuting attorney is required to submit a request to the juvenile court to access information in the sealed record for this purpose. Requires the request to include the prosecutor’s rationale for believing that access to the information in the record may be necessary to meet the disclosure obligation and the date by which the records are needed.

This bill requires the juvenile court to notify the subject of the sealed records and their attorney of the prosecutor’s request and provide them with the opportunity to respond, in writing or by appearance, to the request. Requires the court to approve the prosecutor’s request if, upon review of the relevant records, it determines 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 juvenile court to state on the record appropriate limits on the access, inspection, and utilization of the sealed records in order to protect the confidentiality of the subject of the sealed records, if the court approves the prosecuting attorney’s request. Provides that a court ruling allowing disclosure of information pursuant to this subdivision does not affect whether the information is admissible in a criminal or juvenile proceeding.

This bill provides that its provisions do not impose any additional discovery obligations on a prosecuting attorney.

This bill provides that its provisions do not apply to juvenile case files pertaining to a dependency case.

This bill provides that access to, or inspection of, a sealed record is not considered an unsealing of the record and does not require notice to any other agency.

This bill provides that its provisions do not apply to records in the custody of the Department of Motor Vehicles (DMV) relating to a conviction for an offense under the Vehicle Code or any local ordinance, as provided. Provides that if a court orders the record containing this conviction to be sealed, and the DMV maintains a public record of the conviction, the court is required to notify the department of the sealing.

This bill provides that, notwithstanding any other law, if the DMV is notified by the court of a sealing, the DMV is required to allow access to its record of conviction only to the subject of the record and to insurers that have been granted requestor code numbers by the department. Requires an insurer that has been given access to a record of conviction to be given notice of the sealing when the record is disclosed. Authorizes the insurer to use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record. Prohibits the insurer from using the information for any other purpose or disclosing it to any other person or agency.

This bill prohibits a petition for sealing from being denied due to an unfulfilled order of restitution or restitution fine.

This bill provides that is provisions do not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, as specified. Provides that a person is not relieved from the obligation to pay victim restitution, a restitution fine, or a court-ordered fine because their records are sealed. Provides that the juvenile court has access to any sealed records for the limited purpose of enforcing a civil judgment or restitution order.

This bill prohibits a court from granting relief under the provisions of this bill unless the prosecuting attorney has been given 15 days’ notice of the petition for sealing. Requires the probation officer to notify the prosecuting attorney when a petition is filed. Prohibits the prosecuting attorney from moving to set aside or otherwise appeal the grant of that petition if the prosecuting attorney fails to appear or object to the petition after receiving notice.

This bill requires the court to order the destruction of a person’s sealed juvenile court records unless the court determines there is good cause to retain the juvenile court record.

This bill requires the court to order the destruction five years after the record was ordered sealed if the subject of the record was alleged or adjudged to be a person described by Section 601.

This bill requires the court to order the destruction when the subject reaches 38 years of age if the subject of the record was alleged or adjudged to be a person described by Section 602.

This bill prohibits the records from being destroyed if the subject was found to be a person described in Section 602 because of the commission of a 707(b) offense and the person was 14 years of age or older at the time of the offense.

This bill requires the court to order any other agency in possession of sealed records to destroy its records five years after the records were ordered sealed.

This bill provides that the relief afforded in the provisions of the bill do not preclude any other relief provided by law.

This bill requires DOJ to review, on a monthly basis, the records in the statewide criminal justice databases and, based on information in the state summary criminal history repository, to identify persons who were cited or arrested before they reached 18 years of age with records of citation or arrest that meet specified criteria and are eligible for record relief.

This bill provides that a person is eligible for relief, if the arrest occurred on or after January 1, 1973, and meets any of the following conditions:

• The citation or arrest was for a misdemeanor offense and the charge was dismissed.
• The arrest was for a misdemeanor offense, there is no indication that juvenile delinquency or criminal proceedings have been initiated, at least one calendar year has elapsed since the date of the arrest, and no adjudication occurred or the arrestee was acquitted of any charges that arose from that arrest.
• The arrest was for a felony offense not listed in Section 707(b), there is no indication that juvenile delinquency or criminal proceedings have been initiated, at least three calendar years have elapsed since the date of the arrest, and no adjudication occurred or the arrestee was acquitted of any charges arising from that arrest.

This bill required DOJ to grant relief to a person without requiring a petition or motion by a party for that relief if the relevant information is present in the department’s electronic records. Requires DOJ to seal its records in the same manner as described in Section 781 if the department grants record sealing relief.

This bill provides that a citation or arrest for which record sealing relief has been granted shall be deemed never to have occurred and the person may properly reply accordingly to any inquiry about the events.

This bill requires DOJ to annually publish on the OpenJustice Web portal, as described in Section 13010 of the Penal Code, statistics for each county regarding the total number of arrests granted relief pursuant to this section and the percentage of arrests for which the state summary criminal history information does not include a disposition.

This bill provides that if DOJ grants record sealing relief, it must notify the arresting law enforcement agency, the relevant probation department, and the prosecuting agency, and the arresting law enforcement agency, the relevant probation department, and the prosecuting agency shall seal the records in their custody relating to the citation or arrest no later than 60 days from the date of notification by the department. Requires the law enforcement agency, the probation department, and the prosecuting agency to notify DOJ that the records have been sealed upon sealing.

This bill requires sealed records sealed to be destroyed within one year of sealing.

This bill includes other technical and conforming changes.

COMMENTS

1. Need For This Bill

According to the author:

California should be ensuring that our youth can start their adult lives securely and with a strong foundation. AB 1877 would require the sealing of all criminal records by a minor upon reaching 18 years of age, upon the absence of a conviction involving moral turpitude, and the court’s satisfaction with the juvenile’s rehabilitation.

This bill provides an important step towards ensuring that our young people can pursue their educational, professional, and personal ambitions without being denied these opportunities simply because of a juvenile record which could have already been sealed.

1. Juvenile Record Sealing

Existing law contains several provisions governing the circumstances in which a person may seek to seal juvenile records. Welfare and Institutions Code section 781 generally authorizes a petition to seal juvenile records in any case where juvenile jurisdiction is terminated or dismissed. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).) Welfare and Institutions Code section 786 authorizes a court to seal records where a wardship petition is dismissed after successful completion of probation or informal supervision. (Welf. & Inst. Code § 786, subd. (a).) Welfare and Institutions Code section 786.5, on the other hand, mandates a court seal records upon satisfactory completion of diversion. (Welf. & Inst. Code, § 786.5, subd. (a).)

In cases where a juvenile successfully completes diversion, county probation must, within 60 days of successful completion, determine whether the juvenile “satisfactorily completed” diversion, and if so, it must seal any records in its custody and notify the arresting law enforcement agency to seal the arrest records within their custody within 60 days. (Welf. & Inst. Code, § 786.5, subd. (d).)

Welfare and Institutions Code section 781 also specifies a petition to seal records is generally requested by either the county probation department or the person of record. County probation or the person of record may petition the court to seal records in the following cases: five years after the termination of the court’s jurisdiction; where no petition or charges are filed against the juvenile; and any time after the person turns 18 years of age. (Welf. & Inst. Code, § 781, subd. (a)(1)(B)-(D).) Existing law requires a court and law enforcement to seal juvenile records where a petition is dismissed, without exception. (See In re Dean W. (2017) 16 Cal.App.5th 970, 976.)

However, a court may not seal a record or dismiss a petition if the petition was sustained based on the commission of a serious or violent felony, as specified in Welfare and Institutions Code section 707, subdivision (b) (hereinafter referred to as “707(b) offenses”) and the person was 14 years of age or older unless the section 707, subdivision (b) offense was dismissed or reduced to a lesser offense not listed in section 707, subdivision (b). (Welf. & Inst. Code, § 786, subd. (d).)

As a general matter, juvenile court records 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, subd. (a).) The person of record may also petition to have records retained by other agencies destroyed, and the request must be granted unless good cause is shown for retention of the records. (Welf. & Inst. Code, § 826, subd. (b).) When records are destroyed pursuant to these provision, the proceedings “shall be deemed never to have occurred.” (Welf. & Inst. Code, § 826, subd. (a).) Courts have interpreted the phrase “never to have occurred” to mean that the juvenile proceeding is deemed not to have existed. (Parmett v. Superior Court (Christal B.) (1989) 212 Cal.App.3d 1261, 1267.)

Juvenile records that are ineligible for automatic record sealing via Welfare and Institutions Code section 786, may be sealed pursuant to Welfare and Institutions Code section 781. Under section 781, a person may petition the court to seal records related to a non-707(b) offense if the person is at least 18 years old, or it has been at least 5 years since the case was closed or the person’s last contact with probation, and the court finds that the person has been rehabilitated. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)

If the person of record was convicted of a 707(b) offense and was committed to DJJ, the petitioner must be 21 years of age and have completed probation supervision. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I).)If the person of record was convicted of a 707(b) offense and was not committed to DJJ, the petitioner only need to have attained 18 years of age and have completed probation supervision. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(II).) Records related to a 707(b) offense committed after the petitioner attained 14 years of age and for which the person is required to register as a sex offender pursuant to Penal Code section 290.008 are prohibited from being sealed. (Welf. & Inst. Code, § 781, subd. (a)(1)(F).)

1. Inspection of the Juvenile Case File

Welfare and Institutions Code section 827 authorizes specific entities to inspect juvenile case files. A juvenile case file is defined as “a petition filed in a juvenile court proceeding, reports of the probation officer, and all other documents filed in that case or made available to the probation officer in making the probation officer’s report, or to the judge, referee, or other hearing officer, and thereafter retained by the probation officer, judge, referee, or other hearing officer.” (Welf. & Inst. Code, § 827, subd. (e).) While existing law generally seeks to protect the confidentiality of juvenile court records, it does provide for limited exceptions “to promote more effective communication among juvenile courts, family courts, law enforcement agencies, and schools to ensure the rehabilitation of juvenile criminal offenders as well as to lessen the potential for drug use, violence, other forms of delinquency, and child abuse.” (Welf. & Inst. Code, § 827, subd. (b)(1).)

1. Effect of This Bill

This bill requires a county probation officer to petition a juvenile court to seal juvenile records when the person of record has reached 18 and the juvenile court’s jurisdiction has been terminated, as specified. This bill also requires DOJ to identify specified juvenile arrest and citation records in its databases on a monthly basis and to automatically seal those records. Specifically, this bill would require DOJ to automatically seal juvenile citation and arrest records in the following circumstances:

• The citation or arrest was for a misdemeanor offense and the charge was dismissed.
• The arrest was for a misdemeanor offense, there is no indication that juvenile delinquency or criminal proceedings have been initiated, at least one calendar year has elapsed since the date of the arrest, and no adjudication occurred or the arrestee was acquitted of any charges that arose from that arrest.
• The arrest was for a non-707(b) felony offense, there is no indication that juvenile delinquency or criminal proceedings have been initiated, at least three calendar years have elapsed since the date of the arrest, and no adjudication occurred or the arrestee was acquitted of any charges arising from that arrest.

1. Argument in Support

The Pacific Juvenile Defender Center writes:

AB 1877 modernizes juvenile record sealing in three important ways: by automating the sealing of uncharged arrests, by requiring probation to notify the Department of Justice when they are sealing certain records under existing law, and by empowering probation to petition the juvenile court for sealing on the behalf of a minor or former minor.

… [P]eople may face unforeseen consequences when records of arrest are not promptly sealed. … Many people who are arrested as minors, especially those whose case never proceeded to court, do not even know that their juvenile law enforcement contact constituted an arrest. … AB 1877 would provide a clear path for addressing the impacts of juvenile arrests by vesting responsibility with probation and the Department of Justice. These institutional actors have the best standing to seal arrests because individuals often do not realize the existence or consequence of an arrest until they are faced with consequences that can be disproportionate and difficult to remedy.

… AB 1877 would ensure that the Department of Justice is notified when probation has determined that an arrest record must be sealed so that the minor can receive the complete relief that the law intended.

… AB 1877 … would vest probation with the ability to petition for sealing at crucial stages in a young person’s case. … The new section 788 also achieves balance by not requiring sealing if the offense is particularly serious or has certain collateral consequences. Thus, AB 1877 achieves the rehabilitative goals of the juvenile system while also honoring a longstanding legislative carveout of certain types of offenses from general records relief.

AB 1877 makes discrete changes that will improve the material and dignitary conditions of people with juvenile records across the state.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1877

Author:(Jackson)

As Amended Ver:March 19, 2024

Majority vote

SUMMARY

Requires a county probation officer to petition a court to seal the records of any person previously adjudicated a ward of the court, who has reached the age of 18, and who is no longer under the jurisdiction of the juvenile court.

Major Provisions

1. Requires a court to seal juvenile records upon the filing of a petition if the person has not been convicted of a felony or any misdemeanor involving moral turpitude.
2. Requires county probation to notify the person of record and their counsel within 30 days of petitioning to seal records.
3. Mandates a probation department notify a person in writing that their juvenile record was sealed or if they do not qualify for automatic sealing of records, the reasons for not sealing the records.
4. Prohibits sealing records in the following cases:
   1. Where a person is transferred to adult criminal court;
   2. Where a person was convicted of a serious or violent offense, as specified in Welfare and Institutions Code section 707, subdivision (b) after turning 14 years old;
   3. Where a person was convicted of an offense as a juvenile that required the person to register as a sex offender.
5. Allows a person to petition the court to inspect sealed juvenile records for which they are the subject and authorizes the court to grant that petition.
6. Grants a prosecutor the authority to access or inspect sealed juvenile records in order to meet their statutory or constitutional obligation to disclose exculpatory evidence pursuant to Brady v. Maryland.
7. Exempts the Department of Motor Vehicles (“DMV”) records of juvenile Vehicle Code convictions from sealing records unless a court orders a case record to be sealed and DMV maintains a public record of the conviction.
8. States DMV may only allow access to juvenile records to the person of record or a properly designed insurer with a valid requestor code using the information to determine eligibility for insurance coverage and rates.
9. Requires a court to order the destruction of records upon ordering sealing:
   1. Five years after the records were sealed;
   2. When the person of record reaches 38 years of age unless the person was alleged or adjudicated to have committed a serious or violent crime, as defined by section 707(b) after turning 14 years of age.
10. Prohibits a court from denying a petition to seal a petition because there is an unfulfilled restitution order or fine.
11. States relief may not be granted to a person of record unless the prosecutor receives at least 15 days’ notice of the petition for sealing.
12. Requires county probation to notify the prosecutor when it files a petition. States if a prosecutor does not appear or object to the petition and received 15 days’ notice, they may not move to set aside or otherwise appeal the order to grant the petition.
13. Authorizes a court to order fulfillment of juvenile restitution orders and states a person is not relieved from an obligation to pay victim restriction, restitution orders, and court-imposed fines and fees because their record was sealed.
14. Requires DOJ, for any person cited or arrested on or after January 1, 1973, to review the statewide criminal database to identify those cited or arrested before 18 years of age and meets the following conditions;
    1. The citation or arrest was for a misdemeanor that was dismissed;
    2. The citation or arrest was for a misdemeanor, there is no delinquency or criminal proceedings initiated; at least one calendar year has passed since the arrest, no adjudication occurred, or the person was acquitted.
    3. The arrest was for a felony, there are no delinquency or criminal proceedings initiated, at least three calendar years have passed since the date of arrest, and no adjudication occurred, or the person was acquitted of the any charges arising from that arrest.
    4. The arrest was for a serious or violent felony, as defined in Section 707(b), after the person has attained 14 years of age if there is no petition, delinquency proceeding, or criminal proceeding initiated; at least six years has passed since the date of arrest, and no adjudication occurred, or the person was acquitted of any charges arising from the arrest.
    5. The person successfully completed any of the following, relating to that arrest:
       1. A pre-filing diversion program in lieu of a referral to probation or the district attorney; or
       2. A pre-filing diversion program administered by probation in lieu of a referral to the district attorney, as specified
15. Requires the DOJ to grant relief to any person eligible for relief pursuant to the terms of this bill without requiring a petition or motion for relief.
16. Mandates that probation notify the arresting law enforcement agency and DOJ to seal the arrest records, as specified, and DOJ must seal records in their custody no later than 60 days from the date of notification by probation.
17. States that within 30 days of receipt of notification by the arresting law enforcement agency and the DOJ that records have been sealed, county probation must notify the person of record that their record has been sealed. States if the records are not sealed, written notice from the probation department shall inform the person of record of their right to petition the court directly to seal their arrest record.

COMMENTS

According to the Author

“Current law does not seem to consider the cost or associability for a former juvenile (or current juvenile/youth) to seek out the funds, access to an attorney, or the capacity to navigate obtaining an attorney to file a petition to seal their records. For example, in a 2014, San Jose State University published a cost benefit analysis on expungement of criminal records, while using their own data from a University program assisting the low-income earners, the average costs for expungement was $3,412 per client (in 2014 dollars).

As citied in the news article by Vox News, an overwhelming majority of employers, landlords, and colleges may screen for criminal records. The data clearly shows that by just having criminal record ability to find a home or job significantly decreases. As California is facing a historic housing and affordability crises, it seems both necessary and sufficient to find effective policy alternatives and pathways to build a life and thrive as adults, especially doing this here in California. Again as noted by the San Jose State Study, ‘The average respondent reported an increase in yearly income of $6,190 after record clearance.’”

Arguments in Support

According to Oakland Privacy: “AB 1877 focuses on the automation of sealing juvenile records - a process which can be cumbersome and time-consuming, and even court-initiated or automatic sealing processes still contain gaps. This bill bolsters the philosophy of focusing on juvenile rehabilitation rather than utilizing punishment, which in turn removes barriers youth may face in attaining education, employment and housing, among other things. While there have been great strides in improving record sealing in the last decade, this bill will help close loopholes in the process of having records sealed, as many bills before it have done:

SB 504 (2015) waived sealing record related fees for applicants under 26 years of age, however the burden still fell on the ward of the court to petition for their record to be sealed and navigate that court process.

AB 666 (2015) established an automated process for sealing records by the courts for youth who completed probation and met certain requirements.

AB 1945 (2016) clarified in what instances courts must order records to be sealed and added a requirement on probation to initiate sealing records for youth who completed non-court diversion programs and met certain requirements.

AB 2425 (2020) The Youth Police Records Act helped close the gap on the confidentiality of records in instances of law enforcement referrals to diversion programs.

However, the process to petition for juvenile records to be sealed is still difficult to navigate - or in some instances the information on how to do so is completely lacking. For example, the Los Angeles County probation website has a very informative web page about how to go about requesting and obtaining juvenile records, and includes a robust FAQ section, states relevant law, provides a link to the application form and contact information.5 Contrast that with the same website’s informational page on sealing records which does not include anything besides stating that yes, records can be sealed, and provides an email address to contact.6 And, while the application to apply to seal your records may not have a fee, it may still require a petitioner to take time off school, work, or caring for others to handle a petition to request for records to be sealed with the court system.

This bill does not modify or expand the eligibility regarding which juvenile records can be sealed. It simply makes the process automatic and hassle-free for the juvenile. While the passage of AB 1877 will incur nominal administrative costs to probation departments, overall it is a cost-savings measure as more juveniles who qualify to have their juvenile records sealed will complete that process and be afforded the opportunity to be able to better care for themselves and their families.”

Arguments in Opposition

None Submitted.

FISCAL COMMENTS

According to the Assembly Appropriation Committee:

1. Costs (local funds, General Fund), of an unknown but potentially significant amount, to county probation departments to file petitions for sealing juvenile records and make required notifications to arresting law enforcement agencies, DOJ, and people whose records are sealed. As discussed in more detail below, the total number of petitions likely to be filed annually is unknown but may be in the thousands statewide. If ten counties must each hire one new probation officer to handle the resulting workload, at an average annual salary of $75,000 each, the statewide cost would be $750,000 per year plus benefits. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.
2. Cost pressures (Trial Court Trust Fund, General Fund), of an unknown but significant amount, for courts to adjudicate petitions for sealing of juvenile records. Actual costs will depend on the number of petitions and the amount of time needed to adjudicate each petition. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund.
3. Costs to DOJ (General Fund) to identify and seal qualifying juvenile records, publish related statistics annually on its website, and make required notifications, possibly in the hundreds of thousands to low millions of dollars annually.
4. Costs (local funds, General Fund) of an unknown amount to law enforcement agencies, county probation departments, and prosecuting agencies to seal juvenile arrest records upon notification by DOJ, notify DOJ when sealing is complete, and destroy sealed records. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

VOTES

ASM PUBLIC SAFETY: 6-0-2

YES: McCarty, Stephanie Nguyen, Reyes, Ting, Wilson, Zbur

ABS, ABST OR NV: Alanis, Lackey

ASM APPROPRIATIONS: 11-3-1

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Jim Patterson

ABS, ABST OR NV: Ta

UPDATED

VERSION: March 19, 2024

CONSULTANT: Kimberly Horiuchi / PUB. S. / (916) 319-3744 FN: 0003101

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 1877

Author:(Jackson) – As Amended Ver:March 19, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires county probation departments, courts, and the Department of Justice (DOJ) to undertake regular efforts to seal qualifying juvenile adjudication, arrest, and citation records.

Specifically, this bill:

1. Requires, for a case in which a petition has been filed with a juvenile court to adjudge a person a ward of the court, a county probation officer to petition the court to seal records relating to the person’s case once the person has turned 18 or after the end of the juvenile court’s jurisdiction over the person, as specified.
2. Requires the court to seal records as requested under 1 (above), unless the juvenile records relate to a case that was transferred to adult criminal court, a violent felony offense, or an offense that requires sex offender registration, or the person was later convicted of a felony or a misdemeanor involving moral turpitude.
3. Requires DOJ to, on a monthly basis, review the records in the statewide criminal justice databases, identify people who were cited or arrested before the age of 18, determine whether each identified person is eligible to have their record sealed, seal qualifying records, and provide notice to arresting law enforcement agencies, probation departments, and prosecuting agencies that they must seal their related records.
4. Requires DOJ to annually publish on its website statistics for each county regarding the number of arrests granted relief, as specified.

FISCAL EFFECT:

1. Costs (local funds, General Fund), of an unknown but potentially significant amount, to county probation departments to file petitions for sealing juvenile records and make required notifications to arresting law enforcement agencies, DOJ, and people whose records are sealed. As discussed in more detail below, the total number of petitions likely to be filed annually is unknown but may be in the thousands statewide. If ten counties must each hire one new probation officer to handle the resulting workload, at an average annual salary of $75,000 each, the statewide cost would be $750,000 per year plus benefits. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.
2. Cost pressures (Trial Court Trust Fund, General Fund), of an unknown but significant amount, for courts to adjudicate petitions for sealing of juvenile records. Actual costs will depend on the number of petitions and the amount of time needed to adjudicate each petition. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 budget proposes $83.1 million ongoing from the General Fund to backfill declining revenue to the Trial Court Trust Fund.
3. Costs to DOJ (General Fund) to identify and seal qualifying juvenile records, publish related statistics annually on its website, and make required notifications, possibly in the hundreds of thousands to low millions of dollars annually.
4. Costs (local funds, General Fund) of an unknown amount to law enforcement agencies, county probation departments, and prosecuting agencies to seal juvenile arrest records upon notification by DOJ, notify DOJ when sealing is complete, and destroy sealed records. General Fund costs will depend on whether the Commission on State Mandates determines that these duties constitute a reimbursable state mandate.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Purpose. According to the author:

Current law does not seem to consider the cost or associability for a former juvenile (or current juvenile/youth) to seek out the funds, access to an attorney, or the capacity to navigate obtaining an attorney to file a petition to seal their records. For example, in a 2014, San Jose State University published a cost benefit analysis on expungement of criminal records, while using their own data from a University program assisting the low-income earners, the average costs for expungement was $3,412 per client (in 2014 dollars).

As citied in the news article by Vox News, an overwhelming majority of employers, landlords, and colleges may screen for criminal records. The data clearly shows that by just having criminal record ability to find a home or job significantly decreases. As California is facing a historic housing and affordability crises, it seems both necessary and sufficient to find effective policy alternatives and pathways to build a life and thrive as adults, especially doing this here in California. Again as noted by the San Jose State Study, ‘The average respondent reported an increase in yearly income of $6,190 after record clearance.

1. Background. In recent years, California has enacted many pieces of legislation to allow expungement and sealing of adult criminal history records, including laws that require DOJ to regularly review statewide criminal history records and automatically grant record relief to qualifying individuals without requiring petitions, motions, or other court processes. Under existing law, the processes for sealing juvenile adjudication and arrest records are governed by a patchwork of statutes, some of which require a petition by the probation department or person of record. Whether juvenile record relief may be requested or granted depends on a number of factors including the disposition of each juvenile matter and the offense at issue. There is currently no comprehensive system for identifying and sealing qualifying juvenile adjudication, arrest, and citation records.

This bill attempts to streamline the sealing of juvenile records by requiring regular, ongoing efforts by county probation departments and DOJ to request and enact sealing of juvenile records, as described above and in more detail in the analysis of this bill by the Assembly Committee on Public Safety.

It is difficult to estimate how many petitions for sealing that county probation departments will be required to file under this bill. Much of the statewide juvenile justice data collected by DOJ is reported through incident- or petition-based reporting systems, meaning that the data pertains to the number of juvenile petitions filed, offenses contained in petitions, or contacts with law enforcement agencies, rather than tracking the progress of an individual through the system, so it is challenging to determine with any precision how many people may become eligible for juvenile records sealing in a given year. DOJ data shows that in 2022, there were about 17,600 juvenile petitions filed in California, with about 9,000 petitions resulting in wardship. Assuming that, each year, several thousand people who were previously the subject of juvenile petitions turn 18 or become eligible for sealing by leaving the jurisdiction of the juvenile court, county probation departments will be required to file a corresponding number of petitions for sealing under this bill. This increase in workload may require additional staffing for county probation departments.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: March 12, 2024

Counsel: Kimberly Horiuchi

ASSEMBLY COMMITTEE ON

Kevin McCarty, Chair

ABPCA Bill Id:

Author:() – As Ver:

As proposed to be amended in committee

SUMMARY:

Requires a county probation officer to petition a court to seal the records of any person previously adjudicated a ward of the court, who has reached the age of 18, and who is no longer under the jurisdiction of the juvenile court. Specifically, this bill:

1. Requires a court to seal juvenile records upon the filing of a petition if the person has not been convicted of a felony or any misdemeanor involving moral turpitude.
   
2. Requires county probation to notify the person of record and their counsel within 30 days of petitioning to seal records.
   
3. Mandates a probation department notify a person in writing that their juvenile record was sealed or if they do not qualify for automatic sealing of records, the reasons for not sealing the records.
   
4. Prohibits sealing records in the following cases:
   
   1. Where a person is transferred to adult criminal court;
      
   2. Where a person was convicted of a serious or violent offense, as specified in Welfare and Institutions Code section 707, subdivision (b) after turning 14 years old;
      
   3. Where a person was convicted of an offense as a juvenile that required the person to register as a sex offender.
      
5. Allows a person to petition the court to inspect sealed juvenile records for which they are the subject and authorizes the court to grant that petition.
   
6. Grants a prosecutor the authority to access or inspect sealed juvenile records in order to meet their statutory or constitutional obligation to disclose exculpatory evidence pursuant to Brady v. Maryland.
   
7. Exempts the Department of Motor Vehicles (“DMV”) records of juvenile Vehicle Code convictions from sealing records unless a court orders a case record to be sealed and DMV maintains a public record of the conviction.
   
8. States DMV may only allow access to juvenile records to the person of record or a properly designed insurer with a valid requestor code using the information to determine eligibility for insurance coverage and rates.
   
9. Requires a court to order the destruction of records upon ordering sealing:
   
   1. Five years after the records were sealed;
      
   2. When the person of record reaches 38 years of age unless the person was alleged or adjudicated to have committed a serious or violent crime, as defined by section 707(b) after turning 14 years of age.
      
10. Prohibits a court from denying a petition to seal a petition because there is an unfulfilled restitution order or fine.
    
11. States relief may not be granted to a person of record unless the prosecutor receives at least 15 days’ notice of the petition for sealing.
    
12. Requires county probation to notify the prosecutor when it files a petition. States if a prosecutor does not appear or object to the petition and received 15 days’ notice, they may not move to set aside or otherwise appeal the order to grant the petition.
    
13. Authorizes a court to order fulfillment of juvenile restitution orders and states a person is not relieved from an obligation to pay victim restriction, restitution orders, and court-imposed fines and fees because their record was sealed.
    
14. Requires DOJ, for any person cited or arrested on or after January 1, 1973, to review the statewide criminal database to identify those cited or arrested before 18 years of age and meets the following conditions;
    
    1. The citation or arrest was for a misdemeanor that was dismissed;
       
    2. The citation or arrest was for a misdemeanor, there is no delinquency or criminal proceedings initiated; at least one calendar year has passed since the arrest, no adjudication occurred, or the person was acquitted.
       
    3. The arrest was for a felony, there are no delinquency or criminal proceedings initiated, at least three calendar years have passed since the date of arrest, and no adjudication occurred, or the person was acquitted of the any charges arising from that arrest.
       
    4. The arrest was for a serious or violent felony, as defined in Section 707(b), after the person has attained 14 years of age if there is no petition, delinquency proceeding, or criminal proceeding initiated; at least six years has passed since the date of arrest, and no adjudication occurred, or the person was acquitted of any charges arising from the arrest.
       
    5. The person successfully completed any of the following, relating to that arrest:
       
       1. A pre-filing diversion program in lieu of a referral to probation or the district attorney; or
          
       2. A pre-filing diversion program administered by probation in lieu of a referral to the district attorney, as specified.
          
15. Requires the DOJ to grant relief to any person eligible for relief pursuant to the terms of this bill without requiring a petition or motion for relief.
    
16. Mandates that probation notify the arresting law enforcement agency and DOJ to seal the arrest records, as specified, and DOJ must seal records in their custody no later than 60 days from the date of notification by probation.
    
17. States that within 30 days of receipt of notification by the arresting law enforcement agency and the DOJ that records have been sealed, county probation must notify the person of record that their record has been sealed. States if the records are not sealed, written notice from the probation department shall inform the person of record of their right to petition the court directly to seal their arrest record.
    

EXISTING LAW:

1. Subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, and a minor under 12 years of age who is alleged to have committed murder or a specified sex offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. (Welf. & Inst. Code, § 602.)
   
2. Authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. (Welf. & Inst. Code, § 707.)
   
3. Requires the court to order the probation officer to submit a report on the behavioral patterns and social history of the minor when a prosecutor makes a motion to transfer a juvenile case to adult criminal court. (Welf. & Inst. Code § 707, subd. (a)(1).)
   
4. Authorizes a county probation officer or juvenile adjudged a ward of the court, or any person cited to appear before a probation officer, or if a minor is taken before any law enforcement officer to file a petition to seal juvenile records in the following circumstances:
   
   1. If a petition was filed against the juvenile, five years or more after the end of the juvenile court’s jurisdiction;
      
   2. If there was no petition filed against the juvenile, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement agency; or,
      
   3. At any time in any case after the person has reached the age of 18 years of age, or, in any case at any time after the person has reached 18 years of age, petition the court for sealing of the records. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
      
5. Requires a court to seal a juvenile record, whether after arrest or adjudication, in any case: (a) where a person has been terminated from juvenile court jurisdiction; (b) has not been convicted of any felony or misdemeanor of moral turpitude since being terminated from juvenile court jurisdiction; and (c) the court is satisfied the person has attained rehabilitation. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)
   
6. Mandates a court direct any agency named in the order as possessing juvenile records to seal the records and advise the court of its compliance. (Welf. & Inst. Code, § 781, subd. (a)(1)(B)).)
   
7. Requires a court to dismiss a petition and seal the records where a juvenile completes probation. 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, and the Department of Justice. (Welf. & Inst. Code, § 786, subd. (a).)
   
8. Requires county probation or prosecutor to seal arrest and other records related to a juvenile’s arrest and referral and participation in either a probation or prosecution diversion or supervision program following a person’s satisfactory completion of diversion or supervision. (Welf. & Inst. Code, § 786.5, subd. (a)(1-2).)
   
9. Authorizes a court to seal a juvenile record for a major felony, as defined by Welfare and Institutions Code section 707, subdivision (b), committed by a person 14 years of age or older, only in the following circumstances:
   
   1. Where a person is sentenced to the California Department of Corrections and Rehabilitation (“CDCR”), Division of Juvenile Facilities (“DJF”); is 21 years of age or older; and completed probation after release from juvenile court;
      
   2. Where a person is not sentenced to DJF, is 18 years of age or older; and has completed probation related to that offense imposed by the court. (Welf. & Inst. Code, § 781, subd. (a)(1)(D)(i)(I-II).)
      
10. Authorizes the probation officer to destroy all records and papers in the proceedings concerning a minor after five years from the date on which the jurisdiction of the juvenile court over the minor is terminated. (Welf. & Inst. Code, § 826, subd. (a).)
    
11. Prohibits a case file that is covered by, or included in, an order of the court sealing a record pursuant to Section 781 or 786 from being inspected, except as specified by those provisions of law. (Welf. & Inst. Code, § 827, subd. (g).)
    
12. Provides that any information gathered by a law enforcement agency relating to the taking of a minor into custody may be disclosed to another law enforcement agency, including a school district police or security department, or to any person or agency that has a legitimate need for the information for purposes of official disposition of a case, except as limited by sealing statutes. Requires the disposition of a taking into custody to be included with any information disclosed if available. (Welf. & Inst. Code, § 828.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author’s Statement: According to the author: “Current law does not seem to consider the cost or associability for a former juvenile (or current juvenile/youth) to seek out the funds, access to an attorney, or the capacity to navigate obtaining an attorney to file a petition to seal their records. For example, in a 2014, San Jose State University published a cost benefit analysis on expungement of criminal records, while using their own data from a University program assisting the low-income earners, the average costs for expungement was $3,412 per client (in 2014 dollars).

As citied in the news article by Vox News, an overwhelming majority of employers, landlords, and colleges may screen for criminal records. The data clearly shows that by just having criminal record ability to find a home or job significantly decreases. As California is facing a historic housing and affordability crises, it seems both necessary and sufficient to find effective policy alternatives and pathways to build a life and thrive as adults, especially doing this here in California. Again as noted by the San Jose State Study, ‘The average respondent reported an increase in yearly income of $6,190 after record clearance.’”

1. Sealing Juvenile Records: Existing law contains several provisions governing the circumstances in which a person may seek to seal juvenile records. These statutes are often unwieldy and apply to several different circumstances depending on the nature of the underlying charges, whether probation or diversion was granted, and whether the juvenile completed probation. Additionally, in some instances, the law grants a person of record the right to file a petition to seal records, and in other cases, the law mandates a court order juvenile records to be sealed.

Welfare and Institutions Code section 781 generally authorizes a petition to seal juvenile records in any case where juvenile jurisdiction is terminated or dismissed. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).) Welfare and Institutions Code section 786 authorizes a court to seal records where a wardship petition is dismissed after successful completion of probation or informal supervision. (Welf. & Inst. Code section 786, subd. (a).) Welfare and Institutions Code section 786.5, on the other hand, mandates a court seal records upon satisfactory completion of diversion. (Welf. & Inst. Code, § 786.5, subd. (a).)

In cases where a juvenile successfully completes diversion, county probation must, within 60 days of successful completion, determine whether the juvenile “satisfactorily completed” diversion, and if so, it must seal any records in its custody and notify the arresting law enforcement agency to seal the arrest records within their custody within 60 days. (Welf. & Inst. Code, 786.5, subd. (d).)

Welfare and Institutions Code 781 also specifies a petition to seal records is generally requested by either the county probation department or the person of record. County probation or the person of record may petition the court to seal records in the following cases: (a) five years after the termination of the court’s jurisdiction; (b) where no petition or charges are filed against the juvenile; and (c) any time after the person turns 18 years of age. (Welf. & Inst. Code, § 781, subd. (a)(1)(B-D).) Existing law requires a court and law enforcement to seal juvenile records where a petition is dismissed, without exception. (See In re Dean W. (2017) 16 Cal.App.5th 970, 976.)

However, a court may not seal a record or dismiss a petition if the petition was sustained based on the commission of a serious or violent felony, as specified in Welfare and Institutions Code section 707, subdivision (b) (hereinafter referred to as “707(b) offenses”) and the person was 14 years of age or older unless the section 707, subdivision (b) offense was dismissed or reduced to a lesser offense not listed in section 707, subdivision (b). (Welf. & Inst. Code, § 786, subd. (d).)

As a general matter, juvenile court records 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, subd. (a).) The person of record may also petition to have records retained by other agencies destroyed, and the request must be granted unless good cause is shown for retention of the records. (Welf. & Inst. Code, § 826, subd. (b).) When records are destroyed pursuant to these provision, the proceedings “shall be deemed never to have occurred.” (Welf. & Inst. Code, § 826, subd. (a).) Courts have interpreted the phrase “never to have occurred” to mean that the juvenile proceeding is deemed not to have existed. (Parmett v. Superior Court (Christal B.) (1989) 212 Cal.App.3d 1261, 1267.)

Juvenile records that are ineligible for automatic record sealing via Welfare and Institutions Code section 786, may be sealed pursuant to Welfare and Institutions Code section 781. Under section 781, a person may petition the court to seal records related to a non-707(b) offense if the person is at least 18 years old, or it has been at least 5 years since the case was closed or the person’s last contact with probation, and the court finds that the person has been rehabilitated. (Welf. & Inst. Code, § 781, subd. (a)(1)(A).)

If the person of record was convicted of a 707(b) offenses, the petitioner must either be 21 years of age and have completed supervision by the DJF, or 18 years of age and have completed probation supervision. (Welf. & Inst. Code, § 781, subd. (a)(1)(D).) Records related to a 707(b) offense committed after the petitioner attained 14 years of age and for which the person is required to register as a sex offender pursuant to Penal Code section 290.008 are prohibited from being sealed. (Welf. & Inst. Code, § 781, subd. (a)(1)(F).)

1. This Bill and Existing Law: This bill requires county probation to petition a juvenile court to seal juvenile records when the person of record has a petition filed against them or is otherwise adjudicated a ward of the court and is over the age of 18. The intent of the author is to mandate county probation petition to seal juvenile records because juveniles, even long after they turn 18, may not know they are entitled to seal their records. Furthermore, even when records must be automatically sealed, records are often not sealed or never destroyed. Additionally, this bill proposes to increase opportunities for automatic record clearing in a manner that is similar to what is offered for adults.
2. Amendments: The author has agreed to amend this bill to clarify the circumstances in which county probation must petition the court to seal juvenile records if a person has a petition filed against them in juvenile court. The amendments clarify that probation is only obligated to petition the court to seal records if: (a) a petition is actually filed against the person in juvenile court (removing language pertaining to people that were not charged in juvenile court); (b) the person has turned 18 years of age; (c) the person has not been charged with a 707(b) offense after turning 14 years of age (assuming the charge was not reduced to non-707(b) offense or a misdemeanor); (d) and is not charged with a sex offense requiring registration.

The amendments also state that a court must seal the records if a person has not been convicted of felony or misdemeanor involving moral turpitude since termination of juvenile jurisdiction. The proposed amendments also clarify that when probation seeks to petition the court to seal records pursuant to this section, probation must notify the juvenile and their counsel at least 30 days prior to filing the petition. This will allow the juvenile’s counsel to determine if the person is actually eligible for this relief. The amendments also adopt language that mirrors notice requirements in Welfare and Institutions Code section 781 and 786 pertaining to the prosecutor’s obligations pursuant to Brady v. Maryland (1963) 373 U.S. 83.

1. Collateral Consequences of Juvenile Convictions: Welfare and Institutions Code section 827 authorizes specific entities to inspect juvenile case files. A juvenile case file is defined as “a petition filed in a juvenile court proceeding, reports of the probation officer, and all other documents filed in that case or made available to the probation officer in making the probation officer’s report, or to the judge, referee, or other hearing officer, and thereafter retained by the probation officer, judge, referee, or other hearing officer.” (Welf. & Inst. Code, § 827, subd. (e).) While existing law generally seeks to protect the confidentiality of juvenile court records, it does provide for limited exceptions to “to promote more effective communication among juvenile courts, family courts, law enforcement agencies, and schools to ensure the rehabilitation of juvenile criminal offenders as well as to lessen the potential for drug use, violence, other forms of delinquency, and child abuse.” (Welf. & Inst. Code, § 827, subd. (b)(1).)

To that end, current law provides that any information gathered by a law enforcement agency relating to the taking of a minor into custody may be disclosed to another law enforcement agency, including a school district police department, or to any person or agency that has a legitimate need for the information for purposes of official disposition of a case.

1. Arguments in Support: According to Oakland Privacy: “AB 1877 focuses on the automation of sealing juvenile records - a process which can be cumbersome and time-consuming, and even court-initiated or automatic sealing processes still contain gaps. This bill bolsters the philosophy of focusing on juvenile rehabilitation rather than utilizing punishment, which in turn removes barriers youth may face in attaining education, employment and housing, among other things. While there have been great strides in improving record sealing in the last decade, this bill will help close loopholes in the process of having records sealed, as many bills before it have done:
   
   SB 504 (2015) waived sealing record related fees for applicants under 26 years of age, however the burden still fell on the ward of the court to petition for their record to be sealed and navigate that court process.
   
   AB 666 (2015) established an automated process for sealing records by the courts for youth who completed probation and met certain requirements.
   
   AB 1945 (2016) clarified in what instances courts must order records to be sealed and added a requirement on probation to initiate sealing records for youth who completed non-court diversion programs and met certain requirements.
   
   AB 2425 (2020) The Youth Police Records Act helped close the gap on the confidentiality of records in instances of law enforcement referrals to diversion programs.

However, the process to petition for juvenile records to be sealed is still difficult to navigate - or in some instances the information on how to do so is completely lacking. For example, the Los Angeles County probation website has a very informative web page about how to go about requesting and obtaining juvenile records, and includes a robust FAQ section, states relevant law, provides a link to the application form and contact information.5 Contrast that with the same website’s informational page on sealing records which does not include anything besides stating that yes, records can be sealed, and provides an email address to contact.6 And, while the application to apply to seal your records may not have a fee, it may still require a petitioner to take time off school, work, or caring for others to handle a petition to request for records to be sealed with the court system.

This bill does not modify or expand the eligibility regarding which juvenile records can be sealed. It simply makes the process automatic and hassle-free for the juvenile. While the passage of AB 1877 will incur nominal administrative costs to probation departments, overall it is a cost-savings measure as more juveniles who qualify to have their juvenile records sealed will complete that process and be afforded the opportunity to be able to better care for themselves and their families.”

1. Prior Legislation:
   
   1. AB 666 (Stone), Chapter 368, Statutes of 2015 requires records in the custody of law enforcement agencies, the probation department, or the Department of Justice, to also be sealed, in a case where a court has ordered a juvenile's records to be sealed, as specified.
      
   2. AB 2425 (Stone), Chapter 330, Statutes of 2020, prohibits the release of information by a law enforcement, social worker, or probation agency when a juvenile has participated in or completed a diversion program.
      
   3. SB 504 (Lara) Chapter 388, Statutes of 2015, limits certain cost liabilities related to sealing juvenile records to persons over the age of 26, as specified.
      

REGISTERED SUPPORT / OPPOSITION:

Support

ACLU California Action
California Public Defenders Association
Children's Defense Fund - CA
Communities United for Restorative Youth Justice (CURYJ)
Felony Murder Elimination Project
Friends Committee on Legislation of California
Initiate Justice
Initiate Justice Action
LA Defensa
Legal Services for Prisoners With Children
Milpa Collective
Oakland Privacy
Pacific Juvenile Defender Center
Santa Cruz Barrios Unidos
The W. Haywood Burns Institute
Young Women's Freedom Center

Opposition

None Submitted.

Analysis Prepared by: