AB 1877

Bill Subjects

Abstract

(1) 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 court to seal all records pertaining to that 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 in accordance with a specified procedure. Existing law also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the person's records, including records of arrest, relating to the person's case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials. This bill would require a county probation officer, once a person who was the subject of a petition has reached 18 years of age and the juvenile court's jurisdiction has been terminated, to petition the court to seal certain records, as specified. The bill would require the court to order all records sealed if the court finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile court's jurisdiction was terminated, as specified. If the probation officer does not file a petition, the bill would require the probation officer to notify the person and their counsel of the reason for not filing the petition. The bill would prescribe methods for a record that has been ordered sealed by the court to accessed, inspected, or utilized, including by request of the subject of the record. Unless the court determines there is good cause to retain the juvenile court record, the bill would require the court to order the destruction of a person's juvenile court records that are sealed, as specified. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program. (2) Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief, as specified. This bill would require the department, on a monthly basis, to review state summary criminal history information and identify arrests that are, among other conditions, of a person who was younger than 18 years of age and which did not result in a charge being sustained and do not have related pending juvenile delinquency matters, as specified. The bill would require the department to provide a list of those arrests to all agencies associated with the record of arrest, and would require each arresting agency to review that list and seal its records of the arrest, if the agency's records do not indicate that the arrest is not eligible to be sealed. The bill would require the agency to report to the Department of Justice the records that shall be sealed, and would require the department to then seal its records of those arrests. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the department to, commencing July 1, 2028, annually publish statistics on these arrests, as specified. The bill would only make these requirements operative upon an appropriation for these purposes in the annual Budget Act, and only after July 1, 2027. (3) Existing law requires a probation department to seal the arrest and other records in its custody relating to a juvenile's arrest and referral and participation in a diversion or supervision program under certain circumstances, as specified. Existing law requires the probation department to notify the arresting law enforcement agency to seal the arrest records, and requires the arresting law enforcement agency to seal the records in its custody relating to the arrest, as specified. This bill would require the probation department to additionally notify the Department of Justice, and require the department to seal the records in its custody relating to the arrest, as specified. (4) Existing law authorizes a court and a state or local agency to access certain sealed juvenile records for the limited purpose of complying with data collection or data reporting requirements imposed by other provisions of law. Existing law authorizes a court to grant a researcher or research organization access to information contained in those records, as specified. This bill would additionally authorize a court, a state or local agency, and, subject to approval by a court, a researcher or research organization to access those juvenile records sealed by the court as a result of a petition filed by the probation department pursuant to the above provisions. 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 the statutory provisions noted above. (5) This bill would incorporate additional changes to Section 786.5 of the Welfare and Institutions Code proposed by SB 1161 to be operative only if this bill and SB 1161 are enacted and this bill is enacted last.