Rule 5.850.Sealing of records by probation in diversion cases (§ 786.5)

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 5. Reviews and Sealing · Last amended 2022 · Last verified September 10, 2026

In one sentenceRule 5.850 has probation itself seal the records of someone who satisfactorily completes a diversion program, and gives them a way to challenge a refusal.

Full Text of Rule 5.850

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Applicability

This rule states the procedures to seal the records of persons who are subject to section 786.5.

(b) Determination of satisfactory completion

Within 60 days of the completion of a program of diversion or supervision under a referral by the probation officer or the prosecutor instead of filing a petition to adjudge the person a ward of the juvenile court, including a program of informal supervision under section 654, the probation department must determine whether the participant satisfactorily completed a program subject to this rule.

If the probation department determines that the program has not been completed satisfactorily, it must notify the person in writing of the reason or reasons for not sealing the record and provide the person with a copy of the Petition to Review Denial of Sealing of Records After Diversion Program (form JV-598) or similar local form to allow the person to seek court review of the probation department’s determination within 60 days of making that determination, as well as a copy of How to Ask the Court to Seal Your Records (form JV-595-INFO) or other information on how to petition the court directly to seal arrest and other related records. A person who receives notice from the probation department that the program has not been satisfactorily completed and that the records have not been sealed may seek review of that determination by the court by submitting a petition to the probation department on the Petition to Review Denial of Sealing of Records After Diversion Program (form JV-598) or similar local form, and the probation department must file that petition with the court for a hearing to review whether the satisfactory completion requirement has been met and the records are eligible for sealing by the probation department. The petition must be provided to the probation department within 60 days of the date the notice from the probation department was sent, and must include a copy of that notice. The probation department must file the petition with the juvenile court in the county that issued the notice within 30 days of receiving it. The clerk of the court must set the matter for hearing and notify the petitioner and the probation department of the date, time, and location of the hearing. The court must appoint counsel to represent the youth before or at the hearing unless the court finds that the youth has made an intelligent waiver of the right to counsel under section 634 or is already represented. If the court finds after the hearing that the petitioner is eligible to have the records sealed under section 786.5, it must order the probation department to promptly comply with the sealing and notice requirements of this rule.

(d) Sealing of records

Upon satisfactory completion of a program of diversion or supervision subject to this rule, the probation department must seal the arrest and other records in its custody relating to the arrest or referral and participation in the program. The probation department must notify the arresting law enforcement agency to seal the records relating to the arrest and referral, and the arresting law enforcement agency must seal the records in its custody relating to the arrest, no later than 60 days from the date of the notification. Upon sealing, the law enforcement agency must notify the probation department that the records have been sealed. The probation department must also notify the public or private agency operating the diversion program to which the person has been referred to seal any records in its custody relating to the arrest or referral and participation in the program, and the operator of the program must do so no later than 60 days from the date of the notification by the probation department. Upon sealing, the public or private agency must notify the probation department that the records have been sealed.

(e) Notice to participant

Within 30 days from receipt of the notification by the arresting law enforcement agency that the records have been sealed, the probation department must notify the person in writing that the records have been sealed.

End

Plain-English Summary

Where a program of diversion or supervision was offered instead of filing a petition — including informal supervision — the probation department must decide within 60 days of completion whether the participant finished satisfactorily. No court order is needed: probation seals the records itself.

A negative decision is not the end. Probation must notify the person in writing of the reasons and provide the review petition form, plus the information sheet on how to petition the court directly. The person then has 60 days from the date the notice was sent to return the petition, with a copy of the notice, to probation — which must file it with the juvenile court in the county that issued the notice within 30 days of receiving it. The clerk sets a hearing and notifies both sides, and the court must appoint counsel for the youth before or at the hearing unless it finds an intelligent waiver or the youth is already represented. If the court finds the person eligible, it orders probation to comply promptly.

On satisfactory completion, probation seals the arrest and other records in its own custody and notifies the arresting law enforcement agency, which must seal within 60 days and then confirm back. It also notifies the public or private agency that ran the diversion program, which must seal within 60 days and confirm back.

Within 30 days of the law enforcement agency’s confirmation, probation must tell the person in writing that the records have been sealed — so the outcome is not something they have to go and find out.

Frequently Asked Questions

Who seals records after a diversion program?

The probation department, without a court order — sealing the records in its own custody and notifying the arresting law enforcement agency and the program operator to seal theirs within 60 days.

How soon must probation decide?

Within 60 days of the completion of the program of diversion or supervision.

What if probation says the program was not completed satisfactorily?

It must notify the person in writing with the reasons and provide the review petition form and the information sheet. The person has 60 days from the date the notice was sent to submit the petition to probation, which must file it with the court within 30 days of receiving it.

Is there a right to a lawyer at the review hearing?

Yes. The court must appoint counsel to represent the youth before or at the hearing unless it finds an intelligent waiver of the right to counsel or the youth is already represented.

Is the person told when the records are sealed?

Yes. Within 30 days of receiving the arresting agency’s confirmation, probation must notify the person in writing that the records have been sealed.

Amendment History

Rule 5.850 amended effective January 1, 2022; adopted effective September 1, 2018.

(Subd (b) adopted effective January 1, 2022.) (Subd (c) adopted effective January 1, 2022.) (Subd (d) amended and relettered effective January 1, 2022; adopted as subd (b) effective 2018.) (Subd (e) amended and relettered effective January 1, 2022; adopted as subd (c) effective January 1, 2018.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: sealing records diversion section 786.5form JV-598 petition to review denial of sealingprobation seals records diversion program California