CHILDREN AND THE LAW
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Delinquency Matters
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Confidentiality of Juvenile Proceedings
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Access to Records: Sealing
............Statutory Authority/In General
18 Cards On This Topic:
Sealing of records; access.
Procedures for dealing with confidential court records.
5 years after juvenile court intervention or jurisdiction, or after attaining age 18, minor may petition to seal record.
Minor convicted of offense listed in W&IC §707 (b) may not have records sealed.
Clerk of juvenile court must advise minor of right to have record sealed.
Who may inspect juvenile court records.
Juvenile court records should be confidential; exception in cases involving felonies or specified misdemeanors where the information shall be provided to school officials.
Notice to sheriff re felony findings; confidentiality.
Person may petition court for removal of misdemeanor committed as a minor from official record.
Juvenile court properly refused to seal records pertaining to a prior petition against M when she only satisfactorily completed probation for an offense alleged in a later-filed petition.
Juv. court correct that it had no authority under W&IC 751 to seal G.Y.'s juvenile records despite overwhelming evidence of his rehabilitation; it is for the Legislature "to remedy this unjust result."
In deciding whether or not to seal juvenile records, court should consider the seriousness of the juvenile offenses as well as evidence of rehabilitation.
4th Amendment does not preclude collection of DNA samples in accordance with PC 296 (a)(1) from juvenile adjudicated under W&IC 602 for committing a felony.
M who was over 14 when he committed murder not entitled to have records sealed after Prop 21 amendment to W&IC 781.
Absent statutory authority for court action, order sealing records exceeds court’s jurisdiction.
5 year waiting period for sealing of juvenile court records does not violate due process clause.
Record sealing not necessary to protect juvenile detained but never subject of wardship proceedings from disclosure of detention to third parties.
Cards discussing access to records in general.