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Can someone elaborate on the Welfare and Institutions Code 1772 as it pertains to juveniles?

Banning, CA |

I was denied twice to have my record sealed, but now I just saw that I could possibly have my commitment to the youth authority set aside. I meet all the criteria to have this done, I would just like to understand it more and what it will mean for me if my commitment to the youth authority is set aside.

Attorney Answers 3

Posted

A great deal depends on the nature of the charges and your age at the time the violation was committed -- not your age at the time of the admission. Speak to an attorney who is experienced in this area. Many reputable attorneys offer a free consultation.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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13 comments

Asker

Posted

I was 15 at the time of the offense. Do you offer free phone consultations?

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

Yes I do and I have an 800 number your can reach me at.

Asker

Posted

Excellent. When would be the best time to call? How long is the consultation? What is the number?

John M. Kaman

John M. Kaman

Posted

This character was convicted of a violation of 264.1 and ordered to register under PC 290. He has asked the same question about three different ways. This time he left out the salient facts.

Asker

Posted

Yes, that was pertaining to sealing the record, however this is not for sealing the record, but setting aside the adjudication which is entirely different. Are you able to elaborate on section 1772 WIC? I have read the Chong K. case and I see that the reason he was denied was because he insisted on the sealing of his record. I now understand that the 264.1 is a 707(b) offense and proposition 21 prohibits the "sealing" of the offense, but nowhere in the bill does it state that the juvenile adjudication can not be set aside, regardless of the offense.

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

Any time this afternoon is good at 800-409-7010.

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

You may wish to review this case because I believe you will find your answer. In re Jeffrey T., 44 Cal. Rptr. 3d 861 - Cal: Court of Appeal, 1st Appellate Dist., 3rd Div. 2006

John M. Kaman

John M. Kaman

Posted

I searched for it and came up with nothing. Is the citation correct or even the title?

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

oops that case is for sealing records

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

John, it is In re Jeffrey T. (2006)140 Cal.App.4th 1015,but it discusses sealing records

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

This appears to be more on point, at least it offers an explaination: People v. Jacob, 174 Cal. App. 3d 1166

John M. Kaman

John M. Kaman

Posted

Thanks Michael.

Michael Kevin Cernyar

Michael Kevin Cernyar

Posted

You're welcome.

Posted

W&I Section 1772 concerns honorable discharge from the California Youth Authority and what rights and disabilities you would have. I suggest consulting with an attorney in your area because it is a lengthy section and involves many issues. I would search AVVO for an attorney near Banning who does juvenile law as part of his or her criminal practice. Good luck.

www.losangelesdefenders.com

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Posted

You are advised to hire a local criminal attorney. Don't try to handle this matter yourself. Good luck.

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1 comment

Scott David Levy

Scott David Levy

Posted

I agree...complex issue

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