If You Get a Felony as a Minor, Does It Go Away When You Turn 18 in California?

Many people believe that if you commit a crime as a minor, your criminal record is automatically sealed or erased once you turn 18. However, this is not necessarily true. In California, juvenile records do not automatically disappear when you become an adult.

If you were convicted of a felony offense as a minor in California, here’s what you need to know about your criminal record and the process of sealing juvenile records.

Do Juvenile Records Automatically Disappear at 18 in California?

In short, no. Your juvenile criminal record does not automatically go away when you turn 18, even if the offense occurred many years ago.

If you have a juvenile felony record and you do nothing, your record will continue to exist and could impact your ability to get a job, secure housing, obtain professional licenses, and more.

However, you may be able to get your juvenile record sealed either automatically or by petitioning the court, depending on the specifics of your case.

Automatic Sealing of Juvenile Records in California

In some cases, the court will automatically seal your juvenile record. This can happen if:

• Your case was dismissed by the juvenile court after January 1, 2015,
• You were not found to have committed a serious violent offense listed under Welfare and Institutions Code section 707(b) when you were 14 or older, and
• You successfully completed your probation.
• You successfully completed a deferred entry of judgment program or a pre-petition diversion program and met all of the requirements.

If your case meets these criteria, the court should seal your record automatically. However, it’s always a good idea to confirm with the court that this has happened.

Petitioning the Court to Seal Your Juvenile Record

If your record was not sealed automatically, you can petition the court to seal your juvenile record. In general, you may qualify to have your record sealed if:

• You are at least 18, or it has been at least 5 years since your case closed,
• The court finds that you have been rehabilitated, and
• You have not been convicted of a serious adult felony or a crime of moral turpitude (like murder, sex crimes, serious drug offenses, or fraud).

If you were convicted of a serious offense listed under Welfare and Institutions Code 707(b), you can still petition to seal your record, but you must be at least:

• 21 years old and have completed supervision by the Division of Juvenile Justice, or
• 18 years old and have completed your probation.

If the court agrees to seal a 707(b) offense, your record will be sealed but not destroyed. Certain agencies like the court, probation, and prosecution may still access it if you have a later felony case.

You cannot petition to seal your record if you were 14 or older and committed a sex offense listed under section 707(b) that required you to register as a sex offender.

The Process of Sealing Juvenile Records in California

To start the record sealing process, you can contact our firm. Our experienced attorneys can help you determine your eligibility and prepare the necessary petition for you.

We will work with you to gather all relevant information and fill out the required forms. Once the petition is complete, we’ll file it with the appropriate court on your behalf.

After the petition is filed, the probation department will review your case and make a recommendation to the court. The court will then review your petition and the probation department’s report to decide whether to grant your request.

If the court agrees to seal your record, it will order all agencies that have records of your case (like the court, probation department, law enforcement, and FBI) to seal them. Once sealed, your juvenile record will not show up on most background checks, and you can legally say that you do not have a criminal record.

Should You Seal Your Juvenile Record?

If you have a juvenile felony record, sealing it can open up many opportunities that might otherwise be closed to you. It can make it easier to find employment, housing, and education and to move forward with your life without the burden of a criminal record.

At The Nieves Law Firm, we understand the impact a juvenile record can have on your future. If you need assistance sealing your juvenile record in California, our experienced attorneys are here to help. We can guide you through the process, prepare your petition, and advocate on your behalf to give you the best chance at a fresh start.

Don’t let a mistake you made as a minor hold you back forever. Contact us today for a consultation to discuss your eligibility and options for sealing your juvenile record.