Rule 5.840.Dismissal of petition and sealing of records (§ 786)

This is sealing that happens automatically. Where the court finds that a minor has satisfactorily completed informal or formal probation supervision, it must order the petition dismissed. One category is excluded: a petition sustained on a serious offense committed at 14 or older, unless that finding has been dismissed or reduced to a misdemeanor or an offense off the list. The court may also dismiss earlier petitions that meet the criteria.

Two protections keep the door open. An unfulfilled order, condition or restitution, or an unpaid restitution fee, must not be treated as unsatisfactory completion. And the court may not extend supervision or probation solely to postpone eligibility for dismissal and sealing.

On any dismissal under the statute — including a petition dismissed before adjudication — the court must order sealed all records held by the court, law enforcement, probation and the Department of Justice relating to those petitions, on form JV-596 or similar. It may also seal records held by other public agencies, on request by someone eligible, where doing so will promote their successful reentry and rehabilitation. The prosecutor, probation officer and court retain the access the statute gives them, and research access follows the statute.

The order must set the date by which sealed records are destroyed: for court records, no earlier than the subject’s 21st birthday and no later than the statutory limit; for other records, no earlier than their 18th birthday and no later than that same limit, unless it expires first.

The clerk sends the order to every agency and official listed, and to the individual and their attorney, along with the information sheet on sealing for satisfactory completion. Everyone notified must seal immediately and tell the court it is done, using the acknowledgment form or another means.