SACRAMENTO –The Senate Public Safety Committee passed Assembly Bill (AB) 1006 on Tuesday.
Authored by Assemblymember Mariko Yamada (D-Davis), this legislation helps former juvenile offenders move into adulthood without the burden of juvenile records.
“Youth who have completed their court adjudicated ‘debts-to-society’ should have an opportunity to start over with a clean slate,” Assemblymember Yamada said. “Many former juvenile offenders are unaware that their records are unsealed until they are refused a job, credit or housing.”
Current law allows a juvenile who has not received an adult felony conviction or committed a serious felony after the age of 14 to petition the court to seal their juvenile criminal records.
If the court grants the petition, all records related to the youth’s juvenile criminal history are sealed and the offense is considered never to have occurred.
While state law also requires the clerk of the court to advise youth of their right to petition the court, the means of informing these individuals may vary among counties.
Many youth, parents and case managers also are under the mistaken impression that juvenile records are automatically sealed when the youth turns 18.
AB 1006 would require the creation of a statewide standardized form informing a juvenile offender of their right to petition the court to seal their juvenile records and a standardized petition form to initiate the process.
Courts and probation officers would provide this information when the youth has fulfilled the requirements of the court or their probation.
The legislation was proposed by Elliot Jones, a volunteer Court Appointed Special Advocate (CASA) for minors in the family court and foster care system, who said that a juvenile record can be especially debilitating for homeless and foster youth who already face a number of challenges when they reach adulthood.
“Having an unsealed juvenile delinquency record can mean the difference between getting a job and being unemployed, between being a productive citizen and struggling with homelessness,” Jones said. “Not having this as a barrier will be huge step towards self-sufficiency.”
The bill now heads to the Senate Appropriations Committee for consideration.