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Sealing of Juvenile arrest record while waiting for court's decision on DUI charge.

Los Angeles, CA |

I am 30 yrs old. I was recently arrested for DUI charge. On the day of the arraingment, I was given the discovery document, which also mentions my history of arrest as a juvenile. At the time, I was not convicted of any crime and was let go. I did not expect for my arrest to show up on in my history. Today, my record states -" Prosecutor prefiling deferral" next to the crime. My question is - Can I apply for sealing the arrest record (Juvenile)? Can I do this while I wait for the results of the DUI charge?

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Attorney answers 3

Posted

They won't entertain sealing the juvenile record while charges are pending. But if it is only an arrest, it shouldn't be an issue.

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Anthony Michael Solis

Anthony Michael Solis

Posted

I think you can seal, as long as there is no civil case pending arising from the juvy conduct. But this may be moot if there is not adjudication, only an arrest.

Posted

You can seal juvenile while it's pending. See Welf. & Inst. Code 781 et seq.

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Michael Moshe Levin

Michael Moshe Levin

Posted

Mr Solis is correct that 781 does not bar the relief with a pending misdemeanor, my experience is that the requirement that "rehabilitation has been attained to the satisfaction of the court

Michael Moshe Levin

Michael Moshe Levin

Posted

" is deemed in satisfied while a charge is pending.

Asker

Posted

I have the DUI case pending, no civil case though. At time time, I was arrested, asked to perform community service and attend a few sessions with a counsellor. I never saw court. My report states, "Prosecutor prefiling deferral". Is this considered an adjudication?

Posted

You're definitely old enough to get the juvenile arrests sealed. The court has to be persuaded that you are rehabilitated, however. I certainly don't think a DUI at 30 shows that you're not rehabilitated from whatever charge you picked up as a minor, but it could stand in the way.