Seal and Destroy Your Juvenile Record!
San Diego Expungement Attorneys
California Welfare and Institution Code 781 gives courts the power to Seal and Destroy your Juvenile Record. Your Juvenile Record contains documents like your arrest report, the judge’s rulings against you, probation reports, exhibits, any other documents or recordings in custody by other law enforcement agencies including the probationer’s office. WIC § 781(a)
Once your record is sealed, you can legally say that any aspect of the legal proceedings against you as a juvenile never occurred. This means you can say you were never arrested, never cited, never asked to appear in court, never had to see a probation officer, never convicted of a crime, etc. WIC § 781(a)
You can petition the juvenile court to seal and destroy your record once you reach the age of 18. Alternatively, you may also file a petition 5 years after you complete your sentence, once the juvenile court no longer has jurisdiction. WIC § 781(a)
It is important that your case was completed within the juvenile court system. If you were tried as an adult even though you were under the age of 18, then you are not eligible to have your record be sealed and destroyed. However, you still can get your record Expunged and be able to say that you were never convicted of a crime when you apply for a job, professional license, etc.
Situations When You Are Not Eligible
You are not eligible to have your record sealed and destroyed if:
- You did not satisfy the courts terms in any way
- You were convicted of any felony after the juvenile offense
- You were convicted of any misdemeanor that involved moral turpitude after the juvenile offense
- You were convicted of a WIC 707(b) offense after the age of 14
- You were sentenced to some form of custody at the Division of Juvenile Justice (DJJ), Formerly the County Youth Authority (CYA), however you can still Set Aside Your Conviction, which still releases you from any penalties and disabilities resulting from having a guilty conviction on your record.
What is a Crime Involving Moral Turpitude?
The traditional definition of Moral Turpitude revolved around the element of truthfulness. If you committed a crime where truthfulness was a specific element to a crime (ex. committing fraud or perjury) then you were guilty of a crime of Moral Turpitude.
This definition is no longer used in California. Other behavior will also be considered if they regard a depraved or antisocial nature involving the ugliness of moral turpitude. “These are crimes like murder and rape and child molestation and drug dealing — crimes that involve an intent to harm or corrupt others… the readiness to do evil.” People v. Castro, 38 Cal.3d 301 (1985)
So you can see that California case law has stretched the concept of Moral Turpitude as far as possession of drugs for the purpose of selling, because it is an act that corrupts society. Note, however, that simple possession is not a crime of Moral Turpitude.
What is a WIC 707(b) Offense?
You cannot get your juvenile record Sealed and Destroyed if you were convicted of a 707(b) offense after the age of 14. The following is a full list of the offenses listed in the statute.
Murder; Arson; Robbery; Rape with force, violence, or threat of great bodily harm; Sodomy by force, violence, duress, menace, or threat of great bodily harm; lewd acts by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; Oral copulation by force, violence, duress, menace, or threat of great bodily harm; Rape; Kidnapping for Ransom; Kidnapping for purposes of robbery; Kidnapping with bodily harm; Attempted Murder; Assault with a firearm or destructive device; Assault by any means of force likely to produce great bodily injury; Discharge of a firearm into an inhabited or occupied building; Penal Code 1203.9; Penal Code 12022.5 or 12022.53; Penal Code 16590; Penal Code 136.1 or 137; Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in Health and Safety Code 11055; A violent felony as defined Penal Code 667.5(b) or 186.22; Escape by the use of force or violence from a county juvenile hall, home, ranch, camp, or forestry camp in violation of Penal Code 871(b) if great bodily injury if intentionally inflicted upon an employee of the juvenile facility during the commission of the escape; Torture; Aggravated Mayhem; Carjacking; Kidnapping for purposes of sexual assault; Penal Code 26100(c); Penal Code 192. WIC 707(b)
Why The Hullinger Firm?
It’s simple. Because we know what we are doing, and you need to file the best application possible.
Our attorneys and staff take care of every step for you. You almost never have to show up to court.
You get 24/7 online access to a personal, secure, and confidential account where you can track the progress of your case and have complete access to your paperwork.
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We care for you, and we’re on your side so you get the relief you need.