Juvenile court records: sealing and destruction.
Summary
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the person's case, including records in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law permits the petition to be filed 5 years or more after the jurisdiction of the juvenile court has terminated or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, in any case, at any time after the person reaches 18 years of age. This provision does not apply if the person was found by the juvenile court to have committed any one of specified serious or violent offenses and the person was 14 years of age or older when he or she committed the offense. Existing law also does not permit the sealing of a person's juvenile court record for an offense if the person has been convicted of that offense in a criminal court, as specified. This bill would require, on and after January 1, 2015, each court and probation department to ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records is provided to each person for whom a petition has been filed on or after January 1, 2015, to adjudge the person a ward of the juvenile court and to specified other minors who are taken into temporary custody and brought before a probation officer, as specified. The bill would require the Judicial Council, on or before January 1, 2015, to develop related informational materials and a specified form. The bill would specify when the materials and the form are to be provided. By imposing additional duties on local probation departments, the bill would impose a state-mandated local program. 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 these statutory provisions.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2013
Committee Review
Aug 2013
Assembly Passage
Apr 2013
Senate Passage
Aug 2013
Signed into Law
Sep 2013
Introduced Feb 22, 2013
Signed Sep 9, 2013
Floor votes · Senate Aug 19, 2013 · Assembly Apr 15, 2013
How they voted
23–9
Passed · 3 other
Total votes 35
Aug 19, 2013
D
Democratic25
88% Yea
R
Republican10
90% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
9
Committee
8
Amendments
2
Sep 9, 2013
Signed into law
Approved by the Governor.
legislature
Aug 22, 2013
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2656.).
lower
Aug 19, 2013
Senate · Passed
Senate Vote: pass (23-9-3)
senate
Aug 19, 2013
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.
lower
Jun 24, 2013
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 1.) (June 24).
upper
Jun 4, 2013
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 4). Re-referred to Com. on APPR.
upper
May 8, 2013
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
upper
Apr 25, 2013
Committee
Referred to Com. on PUB. S.
upper
Apr 15, 2013
Assembly · Passed
Assembly Vote: pass (63-0-1)
assembly
Apr 10, 2013
Lower · Passed
From committee: Do pass. (Ayes 17. Noes 0.) (April 10).
lower
Apr 3, 2013
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 2). Re-referred to Com. on APPR.
lower
Mar 7, 2013
Committee
Referred to Com. on PUB. S.
lower
Feb 24, 2013
Lower · Passed
From printer. May be heard in committee March 26.
lower
Feb 22, 2013
Introduced
Introduced. To print.
lower
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
MY
Mariko Yamada
DDemocratic
Co
Luis Alejo
DDemocratic
Co
NT
Norma Torres
DDemocratic
Co
TA
Tom Ammiano
DDemocratic
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