LEGISLATIVE COUNSEL'S DIGEST


AB 337, as amended, Torres. Juvenile court records: sealing and
destruction.
Existing law authorizes a person who is the subject of a juvenile
court record, or the county probation officer, to petition the court
for the sealing of the records relating to the person's case,
including records in the custody of the juvenile court and the
probation officer and any other agencies, including law enforcement
agencies and public officials as the petitioner alleges to have
custody of the records. The petition may be filed 5 years or more
after the jurisdiction of the juvenile court has terminated or, if no
petition was filed, 5 years or more after the person was cited to
appear before a probation officer or was taken before a probation
officer or law enforcement officer, or, in any case, at any time
after the person reaches 18 years of age. This provision does not
apply if the person was found by the juvenile court to have committed
any one of specified serious or violent offenses and the person was
14 years of age or older when he or she committed the offense.
Existing law also does not permit the sealing of a record for an
offense if the person has been convicted of that offense in criminal
court, as specified.
This bill would require the court to provide to every
person who has reached 18 years of age and who is eligible to have
his or her records sealed with a written notification with a clear
explanation of that person's rights to have his or her records sealed
and destroyed , on and after January 1, 2011, each
court and probation department to ensure that information regarding
the eligibility for and the procedures to request the sealing and
destruction of records is provided to each person for whom a petition
has been filed, on or after January 1, 2011, to adjudge the person a
ward of the juvenile court and to specified other minors
who are taken into temporary custody and brought before a probation
officer, as specified. The bill would require the Judicial Council on
or before January 1, 2011, to develop related informational
materials and a specified form. The bill would specify
when the materials and the form are to be provided.
By imposing additional duties on local probation departments, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.

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Comments/questions on AB 337 (Torres): Juvenile court records: sealing and destruction.