My son was arrested when he was 12 for shoplifting. He is now a 25 year old college graduate and seeking employment. Is his record clear at this point? How must he answer questions regarding prior arrests?
Answer
No it is not 'clear', but since juvenile records are accessible by other than law enforcement, and don't 'count' as adult convictions, he can say no to conviction. He should also seek to have the juvenile records sealed and destroyed. That is done by motion to the court. If serious about hiring counsel to do so, feel free to contact me.
Answer
It depends. Your 12 year old was arrested, but did he go to juvenile court or was it handled some other way ? If he went to court, he probably got 725 WIC resolution. So that type of resolution doesn't include automatic sealing. So while he should seal his juvenile record, that doesn't end the issue. You should know that there are still agencies that can still see the charge, even if it is sealed. It will take too long to type all this, so call me if you want and we can talk for about 15 minutes. 661-267-1313.......... David Wallin
Answer
I agree with Mr. Wallin. Unlike other states, California does not always automatically seal juvenile records. If you want them sealed, the minor, once he is an adult, must file a petition with the juvenile court to have them sealed. Some employers can access this information, especially if they are regulated or licensed by the state, such as Assisted Living Facilities, Schools, etc.
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