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Can I request the probation department to petition to seal my juvenile record for me?

Sacramento, CA |

It was a violation of PC 484 as a minor. It was a citizens arrest only and no police were involve and my case was handled informally by the probation department. I guess all I would have is the citizens arrest on my record. It has been a couple of years now and I really don't have the money to hire a lawyer or for the petition fee. So, I was wondering if I can call and ask if the probation department can petition to seal my record for me under PC Code 851.7 I believe. If probation petitions for me, would I have to pay any type of fee? Also if any of you provide a fairly priced service for sealing juvenile records, please do include that in your answer. Thank you!

Attorney Answers 4

Posted

The petition should be filed in court by the petitioner which is you. The court is the authority that can grant your petition.

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Posted

The answer is no.

Sealing and destroying juvenile records is requested under Welfare & Institutions Code §§ 781 and 781.5. You referred to PC 851.7, which is close to 851.8. 851.8 is the penal code section under which one can ask a court, as an adult, for a declaration of factual innocence.

Speak to a Sacramento criminal defense attorney who has experience in juvenile matters.

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Asker

Posted

I read about pc 851.7 and it stated that if minors were arrested but charges were dismissed and were never convicted then the minor can petition to seal their record at any time. It did not mention that I would have to prove that I was factually innocent, just seal my record at any time. Correct me if I am wrong and thank you for you response.

Posted

My Sacramento office handles these on a regular basis for a very reasonable fee. Feel free to contact me by phone during business hours (8am-5pm) to discuss more fully.

If you have had no other adult conviction, and successfully completed the terms of your juvenile probation, then sealing your record is a smart move.

Thanks for writing.

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Asker

Posted

I actually don't think I was under any probation, I never had to go to court, and I never was formally arrested by the police. Do you think I would have anything to seal? Also do you provide free consultation?

Christopher Carle Kingsley Parkhurst

Christopher Carle Kingsley Parkhurst

Posted

Yes to the free consultation, and if there was not an actual juvenile adjudication, there may be nothing to seal.

Asker

Posted

Can I seal a citizen arrest or would it even be on my record? Please do reply Ian very thankful for your answers!

Posted

Under 781 you are able to have your juvenile records sealed through a Petition to the Court, which is often handled through the probation department where there is a fee. These records include any arrests, and cases that were handled informally. In your situation, you should go to your Sheriff's department and get a Live Scan to see it if your citizen's arrest actually shows up on your record before you hire an attorney- if it does not (which sounds very plausible), you need not worry.

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