Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits the release of certain juvenile police records, among other provisions.

Highlights:

• Prohibits a law enforcement agency from releasing a copy of a juvenile police record if the subject of the record is any of the following (Sec. 3):

• A minor who has been diverted by police officer from arrest, citation, detention, or referral to probation or any district attorney, and who is currently participating in a diversion program or has satisfactorily completed a diversion program;

• A minor who has been counseled and released by police officers without an arrest, citation, detention, or referral to probation or any district attorney, and for whom no referral to probation has been made within 60 days of the release; or

• A minor who does not fall within the jurisdiction of the juvenile delinquency court under current state law.

• Requires such records to be handled as follows (Sec. 3):

• Requires records to be considered confidential and deemed not to exist while a minor is completing a diversion program, except to the law enforcement agency, the diversion service provider, the minor, and their parent or guardian;

• Requires records to be sealed 30 days from the date of notification by a diversion service provider of the minor’s satisfactory completion of a diversion program; 

• Requires records to be sealed no later than 60 days from the date that it is verified that a counseled and released minor was not referred to probation or a district attorney; and

• Requires records to be sealed immediately if the minor does not fall within the jurisdiction of a juvenile delinquency court.

• Specifies that upon the sealing of a record, the arrest or offense is deemed not to have occurred (Sec. 1, 3). 

• Requires probation departments to notify an arresting law enforcement agency or public or private agency operating a diversion program to seal the juvenile arrest records, and requires the agency to do so no later than 60 days after being notified (Sec. 1).

• Requires the probation department to notify the minor in writing, within 30 days of being notified by the agency that the records have been sealed, that their records have been sealed, or, if the records have not been sealed, requires the probation department to inform the minor of their ability to petition the court directly to seal their records (Sec. 1).

• Authorizes individuals who receive notice that their records have not been sealed to petition the juvenile court for review of the decision (Sec. 1).

• Requires the Judicial Council, in consultation with the California Law Enforcement Association of Record Supervisors (CLEARS), to develop forms to implement these provisions, including, but not limited to, a petition to seal a report of law enforcement agency on or before January 1, 2022 (Sec. 3).

• Specifies that any record that has been sealed may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the release of certain juvenile police records, among other provisions.

Highlights:

• Prohibits a law enforcement agency from releasing a copy of a juvenile police record if the subject of the record is any of the following (Sec. 3):

• A minor who has been diverted by police officer from arrest, citation, detention, or referral to probation or any district attorney, and who is currently participating in a diversion program or has satisfactorily completed a diversion program;

• A minor who has been counseled and released by police officers without an arrest, citation, detention, or referral to probation or any district attorney, and for whom no referral to probation has been made within 60 days of the release; or

• A minor who does not fall within the jurisdiction of the juvenile delinquency court under current state law.

• Requires such records to be handled as follows (Sec. 3):

• Requires records to be considered confidential and deemed not to exist while a minor is completing a diversion program, except to the law enforcement agency, the diversion service provider, the minor, and their parent or guardian;

• Requires records to be sealed 30 days from the date of notification by a diversion service provider of the minor’s satisfactory completion of a diversion program; 

• Requires records to be sealed no later than 60 days from the date that it is verified that a counseled and released minor was not referred to probation or a district attorney; and

• Requires records to be sealed immediately if the minor does not fall within the jurisdiction of a juvenile delinquency court.

• Specifies that upon the sealing of a record, the arrest or offense is deemed not to have occurred (Sec. 1, 3). 

• Requires probation departments to notify an arresting law enforcement agency or public or private agency operating a diversion program to seal the juvenile arrest records, and requires the agency to do so no later than 60 days after being notified (Sec. 1).

• Requires the probation department to notify the minor in writing, within 30 days of being notified by the agency that the records have been sealed, that their records have been sealed, or, if the records have not been sealed, requires the probation department to inform the minor of their ability to petition the court directly to seal their records (Sec. 1).

• Authorizes individuals who receive notice that their records have not been sealed to petition the juvenile court for review of the decision (Sec. 1).

• Requires the Judicial Council, in consultation with the California Law Enforcement Association of Record Supervisors (CLEARS), to develop forms to implement these provisions, including, but not limited to, a petition to seal a report of law enforcement agency on or before January 1, 2022 (Sec. 3).

• Specifies that any record that has been sealed may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case (Sec. 3).

Full Bill Text