Bill Text: CA AB1945 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Juveniles: sealing of records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 858, Statutes of 2016. [AB1945 Detail]

Download: California-2015-AB1945-Amended.html

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BILL NUMBER: AB 1945	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Mark Stone

                        FEBRUARY 12, 2016

   An act to amend Section 786 of the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1945, as amended, Mark Stone. Juveniles: sealing of records.
   Existing law subjects a person under 18 years of age who commits a
crime to the jurisdiction of the juvenile court, which may adjudge
that person to be a ward of the court, except as specified. Under
existing law, juvenile court proceedings to declare a minor a ward of
the court are commenced by the filing of a petition by the probation
officer, the district attorney after consultation with the probation
officer, or the prosecuting attorney, as specified. Existing law
requires the juvenile court to order the petition of a minor who is
subject to the jurisdiction of the court dismissed if the minor
satisfactorily completes a term of probation or an informal program
of supervision, as specified, and requires the sealing of records
pertaining to that dismissed petition, as specified.  Existing
law specifies   circumstances under which a record that has
been ordered sealed pursuant to these provisions may be accessed,
inspected, or utilized.  
   This bill would allow a child welfare agency of a county
responsible for the supervision and placement of a minor or nonminor
dependent to access a record that has been ordered sealed for the
limited purpose of determining an appropriate placement or service.
 
   Existing law prohibits a court from sealing a record or dismissing
a petition pursuant to these provisions if the petition was
sustained based on a commission of certain specified offenses unless
the finding on the offense was dismissed or was reduced to a lesser
offense that is not specified.  
   This bill would additionally allow the court to seal a record if
the offense was reduced to a misdemeanor.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 786 of the Welfare and Institutions Code is
amended to read:
   786.  (a) If a minor satisfactorily completes (1) an informal
program of supervision pursuant to Section 654.2, (2) probation under
Section 725, or (3) a term of probation for any offense, the court
shall order the petition dismissed. The court shall order sealed all
records pertaining to the dismissed petition in the custody of the
juvenile court, and in the custody of law enforcement agencies, the
probation department, or the Department of Justice. The court shall
send a copy of the order to each agency and official named in the
order, direct the agency or official to seal its records, and specify
a date by which the sealed records shall be destroyed. Each agency
and official named in the order shall seal the records in its custody
as directed by the order, shall advise the court of its compliance,
and, after advising the court, shall seal the copy of the court's
order that was received. The court shall also provide notice to the
minor and the minor's counsel that it has ordered the petition
dismissed and the records sealed in the case. The notice shall
include an advisement of the minor's right to nondisclosure of the
arrest and proceedings, as specified in subdivision (b).
   (b) Upon the court's order of dismissal of the petition, the
arrest and other proceedings in the case shall be deemed not to have
occurred and the person who was the subject of the petition may reply
accordingly to an inquiry by employers, educational institutions, or
other persons or entities regarding the arrest and proceedings in
the case.
   (c) (1) For purposes of this section, satisfactory completion of
an informal program of supervision or another term of probation
described in subdivision (a) shall be deemed to have occurred if the
person has no new findings of wardship or conviction for a felony
offense or a misdemeanor involving moral turpitude during the period
of supervision or probation and if he or she has not failed to
substantially comply with the reasonable orders of supervision or
probation that are within his or her capacity to perform. The period
of supervision or probation shall not be extended solely for the
purpose of deferring or delaying eligibility for dismissal of the
petition and sealing of the records under this section.
   (2) An unfulfilled order or condition of restitution, including a
restitution fine that can be converted to a civil judgment under
Section 730.6 or an unpaid restitution fee shall not be deemed to
constitute unsatisfactory completion of supervision or probation
under this section.
   (d) A court shall not seal a record or dismiss a petition pursuant
to this section if the petition was sustained based on the
commission of an offense listed in subdivision (b) of Section 707
that was committed when the individual was 14 years of age or older
unless the finding on that offense was dismissed or was reduced to a
 misdemeanor or to a  lesser offense that is not listed in
subdivision (b) of Section 707.
   (e) (1) The court may, in making its order to seal the record and
dismiss the instant petition pursuant to this section, include an
order to seal a record relating to, or to dismiss, any prior petition
or petitions that have been filed or sustained against the
individual and that appear to the satisfaction of the court to meet
the sealing and dismissal criteria otherwise described in this
section.
   (2) An individual who has a record that is eligible to be sealed
under this section may ask the court to order the sealing of a record
pertaining to the case that is in the custody of a public agency
other than a law enforcement agency, the probation department, or the
Department of Justice, and the court may grant the request and order
that the public agency record be sealed if the court determines that
sealing the additional record will promote the successful reentry
and rehabilitation of the individual.
   (f) (1) A record that has been ordered sealed by the court under
this section may be accessed, inspected, or utilized only under any
of the following circumstances:
   (A) By the prosecuting attorney, the probation department, or the
court for the limited purpose of determining whether the minor is
eligible and suitable for deferred entry of judgment pursuant to
Section 790 or is ineligible for a program of supervision as defined
in Section 654.3.
   (B) By the court for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388.
   (C) If a new petition has been filed against the minor for a
felony offense, by the probation department for the limited purpose
of identifying the minor's previous court-ordered programs or
placements, and in that event solely to determine the individual's
eligibility or suitability for remedial programs or services. The
information obtained pursuant to this subparagraph shall not be
disseminated to other agencies or individuals, except as necessary to
implement a referral to a remedial program or service, and shall not
be used to support the imposition of penalties, detention, or other
sanctions upon the minor.
   (D) Upon a subsequent adjudication of a minor whose record has
been sealed under this section and a finding that the minor is a
person described by Section 602 based on the commission of a felony
offense, by the probation department, the prosecuting attorney,
counsel for the minor, or the court for the limited purpose of
determining an appropriate juvenile court disposition. Access,
inspection, or use of a sealed record as provided under this
subparagraph shall not be construed as a reversal or modification of
the court's order dismissing the petition and sealing record in the
prior case.
   (E) Upon the prosecuting attorney's motion, made in accordance
with Section 707, to initiate court proceedings to determine the
minor's fitness to be dealt with under the juvenile court law, by the
probation department, the prosecuting attorney, counsel for the
minor, or the court for the limited purpose of evaluating and
determining the minor's fitness to be dealt with under the juvenile
court law. Access, inspection, or use of a sealed record as provided
under this subparagraph shall not be construed as a reversal or
modification of the court's order dismissing the petition and sealing
the record in the prior case.
   (F) By the person whose record has been sealed, upon his or her
request and petition to the court to permit inspection of the
records.
   (G) The probation department of any county may access the records
for the limited purpose of meeting federal Title IV-B and Title IV-E
compliance. 
   (H) The child welfare agency of a county responsible for the
supervision and placement of a minor or nonminor dependent may access
a record that has been ordered sealed by the court under this
section for the limited purpose of determining an appropriate
placement or service that has been ordered for the minor or nonminor
dependent by the court. The information contained in the sealed
record and accessed by the child welfare worker or agency under this
subparagraph may be shared with the court or with a service or
placement provider as necessary to implement the court-ordered
service or placement but shall in all other respects remain
confidential. Access to the sealed record under this subparagraph
shall not be construed as a modification of the court's order
dismissing the petition and sealing the record in the case. 
   (2) Access to, or inspection of, a sealed record authorized by
paragraph (1) shall not be deemed an unsealing of the record and
shall not require notice to any other agency.
   (g) (1) This section does not prohibit a court from enforcing a
civil judgment for an unfulfilled order of restitution ordered
pursuant to Section 730.6. A minor is not relieved from the
obligation to pay victim restitution, restitution fines, and
court-ordered fines and fees because the minor's records are sealed.
   (2) A victim or a local collection program may continue to enforce
victim restitution orders, restitution fines, and court-ordered
fines and fees after a record is sealed. The juvenile court shall
have access to records sealed pursuant to this section for the
limited purpose of enforcing a civil judgment or restitution order.
   (h) This section does not prohibit the State Department of Social
Services from meeting its obligations to monitor and conduct periodic
evaluations of, and provide reports on, the programs carried under
federal Title IV-B and Title IV-E as required by Sections 622, 629 et
seq., and 671(a)(7) and (22) of Title 42 of the United States Code,
as implemented by federal regulation and state statute.
   (i) The Judicial Council shall adopt rules of court, and shall
make available appropriate forms, providing for the standardized
implementation of this section by the juvenile courts.