Needless to say, sometimes we do not make the best decisions when we are young. Unfortunately, depending on the issue, it can follow you into adulthood and affect your future in many negative ways.
But aren’t juvenile records automatically sealed once you turn 18 years old? NO. This is a common myth, but the court system does not automatically seal these records and they are still visable in your background check. If you want them to be dismissed, you have to file a petition yourself. However, there are some cases where some offenses are automatically sealed. These instances occur through what’s known as “deferred entry of judgment” or ”DEJ”, which can be (for certain offenses) applied during completion of a plea agreement.
You can file a petition to have your records sealed on or after your 18th birthday, or 5 years after completion of your case or probation (for some juveniles) is completed. If the court approves the petition, no one will be able to access those records and they will be completely destroyed 5 years from the date they are sealed.
The benefits of sealing your juvenile records are as follows:
- Any records of arrest, detention, prosecution and conviction are physically sealed.
- You can start adulthood on a “clean” slate.
- The offense basically never occurred.
- You improve the chances of getting that job you want. Some jobs require live scans and with those, your juvenile records can show up if they are not sealed.
- Your record can not be unsealed in any civil lawsuit or criminal proceedings. (However, a Juvenile prior, depending on what it was for, might be able to be used against you as an adult.)
Although most juvenile records may be sealed, there are still some that will permanently follow you the rest of your life. For instance, if you were tried as an adult for an incident that happened before you were 18, this cannot be sealed. Also, the three-strikes law says that some serious or violent crimes committed during your juvenile years can count as strikes in the future. The court can also use a juvenile case to enhance sentencing punishments if the same crime is committed in your adult life. The DMV and court will consider juvenile DUI convictions to determine any future DMV suspension or restrictions.
To seal your record, you must first find out if your record is eligible for sealing or if you even have a record. The best way to do this is to get a live scan. I recommend consulting with me, a San Diego Juvenile lawyer, regarding the aspects of your criminal past and eligibility to file for record sealing. Once you know what you are looking at, you can then file a petition with the county clerk where you were convicted. Different counties hold specific procedures to sealing these records.
As a San Diego Juvenile Lawyer, I am experienced in expungement and record sealing matters. Call us today for a free 30-minute consultation. 619 238-1905


