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

Asked 11 months ago - 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)

  1. Sholeh Iravantchi

    Contributor Level 15

    3

    Lawyers agree

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

  2. Greg Thomas Hill

    Contributor Level 20

    2

    Lawyers agree

    2

    Answered . The answer is no.

    Sealing and destroying juvenile records is requested under Welfare & Institutions Code ยงยง 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.

  3. Christopher Carle Kingsley Parkhurst

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . 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.

  4. Katherine Elizabeth Walsh

    Pro

    Contributor Level 3

    Answered . 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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