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§781 WELFARE & INSTITUTION CODE |
(a)
In any case in which a petition has been filed with a juvenile court to commence
proceedings to adjudge a person award of the court, in any case in which a
person is cited to appear before a probation officer or is taken before a
probation officer pursuant to Section 626, or in any case in which a minor is
taken before any officer of a law enforcement agency, the person or the county
probation officer may, five years or more after the jurisdiction of the juvenile
court has terminated as to the person, or, in a case in which no petition is
filed, five years or more after the person was cited to appear before a
probation officer or was taken before a probation officer pursuant to Section
626 or was taken before any officer of a law enforcement agency, or, in any
case, at any time after the person has reached the age of 18 years, petition the
court for sealing of the records, including records of arrest, relating to the
person's case, in the custody of the juvenile court and probation officer and
any other agencies, including law enforcement agencies, and public officials as
the petitioner alleges, in his or her petition, to have custody of the records.
The court shall notify the district attorney of the county and the county
probation officer, if he or she is not the petitioner, and the district attorney
or probation officer or any of their deputies or any other person having
relevant evidence may testify at the hearing on the petition. If, after hearing,
the court finds that since the termination of jurisdiction or action pursuant to
Section 626, as the case maybe, he or she has not been convicted of a felony or
of any misdemeanor involving moral turpitude and that rehabilitation has been
attained to the satisfaction of the court, it shall order all records, papers,
and exhibits in the person's case in the custody of the juvenile court sealed,
including the juvenile court record, minute book entries, and entries on
dockets, and any other records relating to the case in the custody of the other
agencies and officials as are named in the order.
In any case in which a ward of the juvenile court is subject to the registration requirements set forth in Section 290 of the Penal Code, a court, in ordering the sealing of the juvenile records of the person, also shall provide in the order that the person is relieved from the registration requirement and for the destruction of all registration information in the custody of the Department of Justice and other agencies and officials.
Notwithstanding any other provision of law, the court shall not order the person's records sealed in any case in which the person has been found by the juvenile court to have committed an offense listed in subdivision (b) of Section 707 when he or she had attained 14 years of age or older. Once the court has ordered the person's records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed. The court shall send a copy of the order to each agency and official named therein, directing the agency to seal its records and stating the date thereafter to destroy the sealed records. Each such agency and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the court's order for sealing of records that it, he, or she received. The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may so order. Otherwise, except as provided in subdivision (b), the records shall not be open to inspection.
(b)
In any action or proceeding based upon defamation, a court, upon a showing of
good cause, may order any records sealed under this section to be opened and
admitted into evidence. The records shall be confidential and shall be available
for inspection only by the court, jury, parties, counsel for the parties, and
any other person who is authorized by the court to inspect them. Upon the
judgment in the action or proceeding becoming final, the court shall order the
records sealed.
(c)
(1)Subdivision (a) does not apply to Department of Motor Vehicle
records of any convictions for offenses under the Vehicle Code or any local
ordinance relating to the operation, stopping and standing, or parking of a
vehicle where the record of any such conviction would be a public record under
Section 1808 of the Vehicle Code. However, if a court orders a case record
containing any such conviction to be sealed under this section, and if the
Department of Motor Vehicles maintains a public record of such a conviction, the
court shall notify the Department of Motor Vehicles of the sealing and the
department shall advise the court of its receipt of the notice. Notwithstanding
any other provision of law, subsequent to the notification, the Department of
Motor Vehicles shall allow access to its record of convictions only to the
subject of the record and to insurers which have been granted requester code
numbers by the department.
Any insurer to which such a record of conviction is disclosed, when such a conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record.
(2) This subdivision shall not be construed as preventing the sealing of any record which is maintained by any agency or party other than the Department of Motor Vehicles.
(3) This subdivision shall not be construed as affecting the procedures or authority of the Department of Motor Vehicles for purging department records.
(d)
Unless for good cause the court determines that the juvenile court record shall
be retained, the court shall order the destruction of a person's juvenile court
records that are sealed pursuant to this section as follows: five years after
the record was ordered sealed, if the person who is the subject of the record
was alleged or adjudged to be a person described by Section 601; or when the
person who is the subject of the record reaches the age of 38 if the person was
alleged or adjudged to be a person described by Section 602, except that if the
subject of the record was found to be a person described in Section 602 because
of the commission of an offense listed in subdivision (b), of Section 707, when
he or she was 14 years of age or older, the record shall not be destroyed. Any
other agency in possession of sealed records may destroy its records five years
after the record was ordered sealed.
(e)
This section shall not permit the sealing of a person's juvenile court records
for an offense where the person is convicted of that offense in a criminal court
pursuant to the provisions of Section 707.1. This subdivision is declaratory of
existing law.