Cal. WIC § 827.95 — California Code / Code wic / Division 2 / Part 1 / Chapter 2 / Article 22 / Section 827.95
Section 827.95
Status: in_force

(a) (1) Notwithstanding Section 827.9, a law enforcement agency in this state shall not release a copy of a juvenile police record if the subject of the juvenile police record is any of the following:

(A) A minor who has been diverted by police officers 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.

(B) 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.

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

(2) A law enforcement agency shall release, upon request, a copy of a juvenile police record described in paragraph (1) to the minor who is the subject of the juvenile police record and their parent or guardian only if identifying information pertaining to any other juvenile, within the meaning of subdivision (d), has been removed from the record.

(b) (1) The law enforcement agency in possession of the juvenile police record described in subdivision (a) shall seal the applicable juvenile police record and all other records in its custody relating to the minor’s law enforcement contact or referral and participation in a diversion program as follows:

(A) Any juvenile police record created following a law enforcement contact with a minor described in subparagraph (A) of paragraph (1) of subdivision (a) shall be considered confidential and deemed not to exist while the minor is completing a diversion program, except to the law enforcement agency, the service provider, the minor who is the subject of the police record, and their parent or guardian. The diversion service provider shall notify the referring law enforcement agency of a minor’s satisfactory completion of a diversion program within 30 days of the minor’s satisfactory completion. The law enforcement agency shall seal the juvenile police record no later than 30 days from the date of notification by the diversion service provider of the minor’s satisfactory completion of a diversion program.

(B) Any juvenile police record created following a law enforcement contact with a minor described in subparagraph (B) of paragraph (1) of subdivision (a) shall be sealed no later than 60 days from the date of verification that the minor has not been referred to probation or any district attorney. Verification shall be completed within six months of the decision to counsel and release the minor.

(C) Any juvenile police record created following a law enforcement contact with a minor described in subparagraph (C) of paragraph (1) of subdivision (a) shall be sealed immediately upon verification that the minor does not fall within the jurisdiction of the juvenile delinquency court under current state law.

(D) Upon sealing of the records under this subdivision, the offense giving rise to the police record shall be deemed to not have occurred and the individual may respond accordingly to any inquiry, application, or process in which disclosure of this information is requested or sought.

(2) A law enforcement agency that seals a juvenile police record pursuant to subparagraph (A) of paragraph (1) shall notify the applicable diversion service provider and the Department of Justice immediately upon sealing of the record. Any records in the diversion service provider’s custody relating to the minor’s law enforcement contact or referral and participation in the program shall not be inspected by anyone other than the service provider, and shall be released only to the minor who is the subject of the record and their parent or guardian, as described in subdivision (c).

(3) If the minor is a dependent of the juvenile court, the law enforcement agency shall notify the minor’s social worker that the juvenile police records have been sealed and that any such records in the social worker’s custody relating to the minor’s law enforcement contact or referral and participation in a diversion program shall also be sealed.

(4) (A) A law enforcement agency shall notify a minor in writing that their police record has been sealed pursuant to paragraph (1). If the law enforcement agency determines that a minor’s juvenile police record is not eligible for sealing pursuant to paragraph (1), the law enforcement agency shall notify the minor in writing of its determination.

(B) An individual who receives notice from a law enforcement agency that they are not eligible for sealing under paragraph (1) may request reconsideration of the law enforcement agency’s determination by submitting to the law enforcement agency a petition to seal a report of a law enforcement agency and any documentation supporting their eligibility for sealing under paragraph (1). For purposes of this subparagraph, a sworn statement by the petitioner shall qualify as supporting documentation.

(5) Police records sealed under paragraph (1) shall not be considered part of the “juvenile case file,” as defined in subdivision (e) of Section 827.

(6) (A) Any police record that has been sealed pursuant to this section 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 in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation.

(B) (i) A prosecuting attorney shall not use information contained in a record sealed pursuant to this section for any purpose other than those provided in subparagraph (A).

(ii) Once the case referenced in subparagraph (A) has been closed and is no longer subject to review on appeal, the prosecuting attorney shall destroy any records obtained pursuant to this subparagraph.

(c) (1) Diversion service provider records related to the provision of diversion services to a minor described in subparagraph (A) of paragraph (1) of subdivision (a) shall not be considered part of a “juvenile case file,” as defined in subdivision (e) of Section 827, and shall be kept confidential except to the minor who is the subject of the record or information and their parent or guardian. This section does not require the release of confidential records created, collected, or maintained by diversion service providers in the course of diversion service delivery.

(2) (A) If any other state or federal law or regulation grants access to portions of, or information relating to, the contents of a diversion service provider record related to diversion, the requirements of that state or federal law or regulation governing access to the record or portions thereof shall prevail.

(B) The release of any diversion service provider records related to diversion by any party with access under applicable California state or federal laws shall be governed by those applicable state or federal laws, and shall otherwise be prohibited.

(3) Diversion service providers shall release diversion service provider records to the minor who is the subject of the record, or their parent or guardian, upon receiving a signature authorization by the minor, parent, or guardian and using existing internal confidentiality procedures of the service provider.

(d) For purposes of this section, the following definitions apply:

(1) “Juvenile police record” refers to records or information relating to the taking of a minor into custody, temporary custody, or detention.

(2) With respect to a juvenile police record, “any other juvenile” refers to additional minors who were taken into custody or temporary custody, or detained and who also could be considered a subject of the juvenile police record.

(3) “Diversion” refers to an intervention that redirects youth away from formal processing in the juvenile justice system, including, but not limited to, counsel and release or a referral to a diversion program as defined in Section 1457.

(4) “Diversion service provider” refers to an agency or organization providing diversion services to a minor.

(5) “Diversion service provider record” refers to any records or information collected, created, or maintained by the service provider in connection to providing diversion program services to the minor.

(6) “Satisfactory completion” refers to substantial compliance by the participant with the reasonable terms of program participation that are within the capacity of the participant to perform, as determined by the service provider.

(e) On or before January 1, 2022, the Judicial Council, in consultation with the California Law Enforcement Association of Record Supervisors (CLEARS), shall develop forms for distribution by law enforcement agencies to the public to implement this section. Those forms shall include, but are not limited to, the Petition to Seal Report of Law Enforcement Agency. The material for the public shall include information about the persons who are entitled to a copy of the juvenile police record described in subdivision (a) and the specific procedures for requesting a copy of the record if a petition is necessary.