If you had a convicted of a Juvenile crime you may be eligible to have the case dismissed or sealed per the new sealing and destruction of case laws that have made sealing your Juvenile records easier.
There is a fairly simple process to follow. However, you should consult an Attorney and get a good legal opinion as to your rights.
THE PROCESS FOR SEALING OF JUNENILE RECORDS
To get an application in Fresno County go to the Probation Department or you can have it sent by mail, or downloaded.
Our office would review you eligibility requirements for Juvenile sealing, complete the forms and return them to the Probation Department by mail, or have them personally served.
We will look into your record and do an investigation as to your eligbility and other matters as to your Juvenile record. This investigation will consider your basic eligibility, criminal background check, and evidence of rehabilitation. Based on this investigation, the probation officer will write either a report recommending either that your record be sealed, or stating that you are not eligible to have your record sealed and why. The probation officer will give us a letter stating whether they believe you are eligible and why.
COURT HEARING
The court and the Juvenile Judge will review your information and the recommendation of either sealing or denying the sealing. There will be a hearing set and a date given to you to show up in court. At the Court hearing there will be a Judge, an Attorney and there will be a formal hearing, where the Judge will review the recommendation of probation and make a decision as to whether the matter will be sealed. Although not mandatory you should definitely be availiable for this hearing.
OUTCOME
Once the Judge reviews your application they will either grant or deny your request to seal your juvenile records. A judge may choose to deny your application for reasons including a lack of rehabilitation, adult chages, and crimes of moral turpitude.
IF YOUR APPLICATION IS GRANTED
The court will send a record sealing order to all agencies involved in your case, which includes, but is not limited to, police agencies, probation agencies, and courts. The order will direct the agencies you listed on your application to seal your record and to respond to anyone asking about your juvenile record to say “The applicant has no record” Once your record is sealed, you may legally say that you do not have a Juvenile record.
Sealing a Juvenile record does not effect the ability of insurance companies to access your records through department of motor vehicles (DMV) in Sacramento, nor will it prevent the Federal Government inlcuding branches of military service from accessing your sealed records pursuant to Section 781 of the Welfare and Institutions code.
All of the juveile records must be reported even though sealed when applying for a security clearance or employment with a private company that engages in business with the Federal Government.
If you are denied you may re apply at a later time.
The best thing to do is if you have questions give us a call and we can help you get started on the process which could be a long and difficult process.
But we have helped many minors in the past and know that you can be helped and you may need some help with the process to ensure that if you are able to get this relief you get it done rather than have a problem at a later time. If you have quesitons give us a call at 559441-1418. And we can make an appontment.
