CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1877Introduced by Assembly Member JacksonJanuary 22, 2024 An act to amend Section 787 of, and to add Section 788 to, the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 1877, as introduced, Jackson. Juveniles: sealing records.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 persons records, including records of arrest, relating to the persons 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 or cited to appear before a probation officer has reached 18 years of age, to petition the court for sealing of certain records, except 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 of any misdemeanor involving moral turpitude and that rehabilitation has been attained to satisfaction of the court. The bill would require the probation department to notify a person in writing that their record has been sealed pursuant to these provisions or that they do not qualify for sealing of their record under these provisions and the reason or reasons for not sealing the record. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 787 of the Welfare and Institutions Code is amended to read:787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.(c) For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.SEC. 2. Section 788 is added to the Welfare and Institutions Code, to read:788. (a) Notwithstanding Section 781, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, if a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or if a minor is taken before any officer of a law enforcement agency, the county probation officer shall, once the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the persons case, in the custody of the juvenile court, probation officer, and any other agencies, including law enforcement agencies and public or private agencies operating diversion programs, entities, and public officials as the probation officer alleges, in the petition, to have custody of the records. (b) If the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the persons case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. (c) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the courts order for sealing of records that the agency, entity, or official received.(d) Once the court has ordered the persons records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed.(e) The following shall not be sealed pursuant to this section:(1) A persons juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1.(2) A persons juvenile court record or records relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age.(3) A persons juvenile court record relating to an offense for which the person is required to register pursuant to Section 290.008 of the Penal Code.(f) The probation department shall notify a person in writing that their record has been sealed pursuant to the provisions of this section. The probation department shall notify in writing a person who does not qualify for sealing of their records under this section of the reason or reasons for not sealing the record.(g) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (h), the records shall not be open to inspection.(h) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.(i) (1) This section does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice.(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record.(j) (1) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a persons juvenile court records five years after the record was ordered sealed.(2) Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed.(3) If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age.(k) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A person is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because their records are sealed.(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1877Introduced by Assembly Member JacksonJanuary 22, 2024 An act to amend Section 787 of, and to add Section 788 to, the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 1877, as introduced, Jackson. Juveniles: sealing records.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 persons records, including records of arrest, relating to the persons 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 or cited to appear before a probation officer has reached 18 years of age, to petition the court for sealing of certain records, except 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 of any misdemeanor involving moral turpitude and that rehabilitation has been attained to satisfaction of the court. The bill would require the probation department to notify a person in writing that their record has been sealed pursuant to these provisions or that they do not qualify for sealing of their record under these provisions and the reason or reasons for not sealing the record. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1877
Introduced by Assembly Member JacksonJanuary 22, 2024
Introduced by Assembly Member Jackson
January 22, 2024
An act to amend Section 787 of, and to add Section 788 to, the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1877, as introduced, Jackson. Juveniles: sealing records.
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 persons records, including records of arrest, relating to the persons 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 or cited to appear before a probation officer has reached 18 years of age, to petition the court for sealing of certain records, except 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 of any misdemeanor involving moral turpitude and that rehabilitation has been attained to satisfaction of the court. The bill would require the probation department to notify a person in writing that their record has been sealed pursuant to these provisions or that they do not qualify for sealing of their record under these provisions and the reason or reasons for not sealing the record. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program. 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.
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 persons records, including records of arrest, relating to the persons 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 or cited to appear before a probation officer has reached 18 years of age, to petition the court for sealing of certain records, except 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 of any misdemeanor involving moral turpitude and that rehabilitation has been attained to satisfaction of the court. The bill would require the probation department to notify a person in writing that their record has been sealed pursuant to these provisions or that they do not qualify for sealing of their record under these provisions and the reason or reasons for not sealing the record. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 787 of the Welfare and Institutions Code is amended to read:787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.(c) For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.SEC. 2. Section 788 is added to the Welfare and Institutions Code, to read:788. (a) Notwithstanding Section 781, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, if a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or if a minor is taken before any officer of a law enforcement agency, the county probation officer shall, once the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the persons case, in the custody of the juvenile court, probation officer, and any other agencies, including law enforcement agencies and public or private agencies operating diversion programs, entities, and public officials as the probation officer alleges, in the petition, to have custody of the records. (b) If the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the persons case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. (c) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the courts order for sealing of records that the agency, entity, or official received.(d) Once the court has ordered the persons records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed.(e) The following shall not be sealed pursuant to this section:(1) A persons juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1.(2) A persons juvenile court record or records relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age.(3) A persons juvenile court record relating to an offense for which the person is required to register pursuant to Section 290.008 of the Penal Code.(f) The probation department shall notify a person in writing that their record has been sealed pursuant to the provisions of this section. The probation department shall notify in writing a person who does not qualify for sealing of their records under this section of the reason or reasons for not sealing the record.(g) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (h), the records shall not be open to inspection.(h) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.(i) (1) This section does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice.(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record.(j) (1) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a persons juvenile court records five years after the record was ordered sealed.(2) Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed.(3) If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age.(k) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A person is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because their records are sealed.(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 787 of the Welfare and Institutions Code is amended to read:787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.(c) For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
SECTION 1. Section 787 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.(c) For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.(c) For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.(c) For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record.
(b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, or 786.5 786.5, or 788 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true:
(1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision.
(2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization.
(c) For the purposes of this section personally identifying information has the same meaning as in Section 1798.79.8 of the Civil Code.
SEC. 2. Section 788 is added to the Welfare and Institutions Code, to read:788. (a) Notwithstanding Section 781, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, if a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or if a minor is taken before any officer of a law enforcement agency, the county probation officer shall, once the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the persons case, in the custody of the juvenile court, probation officer, and any other agencies, including law enforcement agencies and public or private agencies operating diversion programs, entities, and public officials as the probation officer alleges, in the petition, to have custody of the records. (b) If the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the persons case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. (c) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the courts order for sealing of records that the agency, entity, or official received.(d) Once the court has ordered the persons records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed.(e) The following shall not be sealed pursuant to this section:(1) A persons juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1.(2) A persons juvenile court record or records relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age.(3) A persons juvenile court record relating to an offense for which the person is required to register pursuant to Section 290.008 of the Penal Code.(f) The probation department shall notify a person in writing that their record has been sealed pursuant to the provisions of this section. The probation department shall notify in writing a person who does not qualify for sealing of their records under this section of the reason or reasons for not sealing the record.(g) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (h), the records shall not be open to inspection.(h) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.(i) (1) This section does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice.(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record.(j) (1) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a persons juvenile court records five years after the record was ordered sealed.(2) Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed.(3) If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age.(k) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A person is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because their records are sealed.(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order.
SEC. 2. Section 788 is added to the Welfare and Institutions Code, to read:
### SEC. 2.
788. (a) Notwithstanding Section 781, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, if a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or if a minor is taken before any officer of a law enforcement agency, the county probation officer shall, once the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the persons case, in the custody of the juvenile court, probation officer, and any other agencies, including law enforcement agencies and public or private agencies operating diversion programs, entities, and public officials as the probation officer alleges, in the petition, to have custody of the records. (b) If the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the persons case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. (c) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the courts order for sealing of records that the agency, entity, or official received.(d) Once the court has ordered the persons records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed.(e) The following shall not be sealed pursuant to this section:(1) A persons juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1.(2) A persons juvenile court record or records relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age.(3) A persons juvenile court record relating to an offense for which the person is required to register pursuant to Section 290.008 of the Penal Code.(f) The probation department shall notify a person in writing that their record has been sealed pursuant to the provisions of this section. The probation department shall notify in writing a person who does not qualify for sealing of their records under this section of the reason or reasons for not sealing the record.(g) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (h), the records shall not be open to inspection.(h) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.(i) (1) This section does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice.(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record.(j) (1) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a persons juvenile court records five years after the record was ordered sealed.(2) Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed.(3) If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age.(k) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A person is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because their records are sealed.(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order.
788. (a) Notwithstanding Section 781, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, if a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or if a minor is taken before any officer of a law enforcement agency, the county probation officer shall, once the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the persons case, in the custody of the juvenile court, probation officer, and any other agencies, including law enforcement agencies and public or private agencies operating diversion programs, entities, and public officials as the probation officer alleges, in the petition, to have custody of the records. (b) If the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the persons case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. (c) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the courts order for sealing of records that the agency, entity, or official received.(d) Once the court has ordered the persons records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed.(e) The following shall not be sealed pursuant to this section:(1) A persons juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1.(2) A persons juvenile court record or records relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age.(3) A persons juvenile court record relating to an offense for which the person is required to register pursuant to Section 290.008 of the Penal Code.(f) The probation department shall notify a person in writing that their record has been sealed pursuant to the provisions of this section. The probation department shall notify in writing a person who does not qualify for sealing of their records under this section of the reason or reasons for not sealing the record.(g) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (h), the records shall not be open to inspection.(h) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.(i) (1) This section does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice.(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record.(j) (1) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a persons juvenile court records five years after the record was ordered sealed.(2) Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed.(3) If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age.(k) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A person is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because their records are sealed.(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order.
788. (a) Notwithstanding Section 781, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, if a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or if a minor is taken before any officer of a law enforcement agency, the county probation officer shall, once the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the persons case, in the custody of the juvenile court, probation officer, and any other agencies, including law enforcement agencies and public or private agencies operating diversion programs, entities, and public officials as the probation officer alleges, in the petition, to have custody of the records. (b) If the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the persons case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. (c) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the courts order for sealing of records that the agency, entity, or official received.(d) Once the court has ordered the persons records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed.(e) The following shall not be sealed pursuant to this section:(1) A persons juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1.(2) A persons juvenile court record or records relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age.(3) A persons juvenile court record relating to an offense for which the person is required to register pursuant to Section 290.008 of the Penal Code.(f) The probation department shall notify a person in writing that their record has been sealed pursuant to the provisions of this section. The probation department shall notify in writing a person who does not qualify for sealing of their records under this section of the reason or reasons for not sealing the record.(g) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (h), the records shall not be open to inspection.(h) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.(i) (1) This section does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice.(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record.(j) (1) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a persons juvenile court records five years after the record was ordered sealed.(2) Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed.(3) If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age.(k) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A person is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because their records are sealed.(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order.
788. (a) Notwithstanding Section 781, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, if a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or if a minor is taken before any officer of a law enforcement agency, the county probation officer shall, once the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the persons case, in the custody of the juvenile court, probation officer, and any other agencies, including law enforcement agencies and public or private agencies operating diversion programs, entities, and public officials as the probation officer alleges, in the petition, to have custody of the records.
(b) If the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the persons case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order.
(c) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the courts order for sealing of records that the agency, entity, or official received.
(d) Once the court has ordered the persons records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed.
(e) The following shall not be sealed pursuant to this section:
(1) A persons juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1.
(2) A persons juvenile court record or records relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age.
(3) A persons juvenile court record relating to an offense for which the person is required to register pursuant to Section 290.008 of the Penal Code.
(f) The probation department shall notify a person in writing that their record has been sealed pursuant to the provisions of this section. The probation department shall notify in writing a person who does not qualify for sealing of their records under this section of the reason or reasons for not sealing the record.
(g) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (h), the records shall not be open to inspection.
(h) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed.
(i) (1) This section does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice.
(2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record.
(j) (1) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a persons juvenile court records five years after the record was ordered sealed.
(2) Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed.
(3) If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age.
(k) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A person is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because their records are sealed.
(2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 3.