BE CAREFUL! The conviction cannot be for cultivation, sales or transportation. If it is, it will be on your record.

Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed.

Once sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing.

Juvenile records are not automatically sealed upon your 18th birthday. You must affirmatively petition the juvenile court to have them sealed. You can do this by filing out a form and filing it with the juvenile court in the county in which you were convicted.

Contact the juvenile court in the county you were convicted, and ask them to send you a copy of the form used in that county.

Check to see if they have any special filing requirements such as additional photocopies or the need to serve copies of the petition on any government agencies, and get the correct information for filing by mail. Usually, there is no fee.

If you graduated from the California Youth Authority, your juvenile conviction(s) will have been dismissed as part of your graduation. If you do not petition to have your juvenile records sealed and destroyed, they will remain on your record until your 38th birthday, then they will be destroyed.

Procedure:

Complete and File the Petition(s) and Fee Waiver(s). If you are filing a petition for reducing a felony or a petition for early release from probation or for a dismissal, you will need to call the Clerk of the Superior Court for the county in which you were convicted, and ask them for the following information:

1. Have them send you as many copies of their form (if they have one) as you have convictions in that county.

2. Ask if you need to submit additional photocopies of the petition, and how many?

3. Ask if their rules of court require you to serve copies of your petition on the district attorney and/or probation department?

4. Ask what the correct mailing address is for filing by mail?

Remember, you can only dismiss one conviction at a time. This means you will fill out a separate petition for each conviction that you want to dismiss, but you can file them all at the same time. If you are currently on probation, you will need to deal with that conviction first, then you can proceed with the others. Usually there is a fee to file a petition for dismissal with the court. However, fee waivers are available to people who cannot afford to pay. Click here for court fee and waiver information.

File Your Petition(s) and Fee Waiver(s) With the Court(s) If you are filing a petition for reducing a felony or a petition for early release from probation or a dismissal, you will need to mail (or deliver in person) your filing materials to the Clerk of the Superior Court for the county of your conviction(s).

Be sure to include any supportive materials such as letters of support, school diplomas and/or transcripts, and if applying for early release from probation, include a letter to the judge explaining why you feel you should be released from probation early. At the time you file your papers, the clerk will set a hearing date.

If required in your county, be sure to serve the district attorney and/or probation department.

You will be required to attend the hearing, although for 1203.4 and 1203.4a petitions you may not have to appear. If you are required to attend the hearing BE SURE TO ATTEND. Be on time, and dress for conservatively If you petition is granted, make sure to put the order in a safe place for your records.

If Your Petition(s) is Denied. You may still be able to get your conviction(s) dismissed. After you receive the order from the judge denying your dismissal, you can either go to, or call, the Clerk at the courthouse to see if you can find out why the petition was denied and whether you can fix the problem and re-file.

Certificate of Rehabilitation. If you were sentenced to state prison or sentenced under the authority of the California Department of Corrections you are not eligible for a dismissal under Penal Code Section 1203.4 or 1203.4a.

You may, however, be eligible for a Certificate of Rehabilitation. For eligibility and application requirements contact the Board of Prison Terms, 428 J Street, 6th Floor, Sacramento, CA 95814. This is a lengthy process that may necessitate the assistance of a private attorney.

DISCLAIMER: THE CONTENT IN THIS ARTICLE IS MERELY INFORMATION AND NOT LEGAL ADVICE. ONLY A QUALIFIED ATTORNEY CAN GIVE LEGAL ADVICE.

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