Navigate Up
Probation Department Menu +
Home > Juvenile Probation Services

Juvenile Record Sealing Procedure

Last modified: 3/5/2012 12:12 PM

TO QUALIFY TO HAVE YOUR RECORD SEALED, THE FOLLOWING CRITERIA MUST BE MET:

A.  Be at least 18 years old and not currently on Probation (Adult or Juvenile) OR see Section B.

NOTE: If the Court found you committed an offense listed in Section 707(b) of the Welfare and Institutions Code after you turned 14 years of age, you may not apply to have your Record Sealed.  If you are in doubt as to whether your offense was a 707(b) offense, please feel free to call (408) 278-6121 for assistance.

B.  Your case must have been closed by the Probation Department or dismissed from Juvenile Court for five (5) years.

PLEASE NOTE:  The Court generally looks for an arrest free record for a period of time after your case was dismissed or closed to satisfy this requirement.  IT IS STRONGLY RECOMMENDED YOU NOT APPLY FOR RECORD SEALING FOR APPROXIMATELY NINE MONTHS AFTER YOUR CASE HAS BEEN DISMISSED BY THE COURT OR CLOSED BY THE PROBATION DEPARTMENT, EVEN IF YOU HAVE ALREADY TURNED 18.  PLEASE DO NOT APPLY TOO SOON AS THE JUDGE MAY DENY YOUR REQUEST FOR RECORD SEALING.

C.  You cannot have any outstanding law violations or warrants as an adult or juvenile.  All previous fines or restitution as a juvenile or adult must be paid in full.  This includes traffic fines.  NOTE:  If you are currently awaiting Court as an adult or you are currently on Adult Probation, you are not eligible for juvenile Record Sealing until you complete your Probation term.

D.  You cannot be currently involved in any civil litigation and you cannot be pending any civil litigation arising from any of the offenses, which you are attempting to have sealed.

E.  Convictions as an adult, for any felony or for a misdemeanor involving moral turpitude, will result in your Petition (for Record Sealing) being denied by the Juvenile Court.  MORAL TURPITUDE:  Crimes such as theft, false information to a police officer, etc.

F.  TRAFFIC RECORDS:  Traffic records may be sealed, however, insurance companies, by law, are given access to traffic (DMV) records for the purpose of determining eligibility for auto insurance, and/or setting insurance rates (781 of the Welfare and Institutions Code).

The Santa Clara County Court cannot seal the records of the Juvenile Court in any other State.  We suggest you apply directly to that State for Record Sealing if you have an Out-of-State record.  NOTE:  You must apply in the County that last had jurisdiction of your case, the County in which Wardship was dismissed.