In continuation from daughter mixed up with nad boy...

[CdwJava]

If he was in juvenile hall, he was charged as a juvenile and those court and law enforcement records are not available to the public pursuant to GC 6254 - even via a CPRA request ... California's version of the federal FOIA.

9 months in juvenile hall is a pretty long time, and generally not sufficiently long for a charge of rape pursuant to PC 261. But, deals are possible even for rape - and especially if the defendant is a minor. Had it been a serious offense he likely would have gone to CYA (California Youth Authority - state prison for juveniles). He may have had a true finding for some related offense (digital penetration, sexual battery, unlawful intercourse, ad nauseum), but, these too will not be a matter of public record.

I suspect that you are not going to find any real record of what he was in JH for, all you are likely to uncover are rumors, stories, and innuendo.

Personally, I would not permit my daughter to see someone who had been locked up for 9 months and claims that it was for some sort of rape!

 

[quincy]

Was California's existing Welfare and Institutions Code, WIC sections 781 and 707(B) recently amended, CdwJava?

See WIC section 781(a)(1)(D):
http://codes.findlaw.com/ca/welfare-and-institutions-code/wic-sect-781.html

And WIC section 707(B): https://www.countyofsb.org/probation/asset.c/280

And what has happened to the holding in In re Jeffrey T., 140 Cal App. 4th 1015 (2006)?

The law that existed at my last check says that the sealing of records for those ages 14 and over cannot be sealed in cases of serious or violent crimes.

Although appreciated, debadee123, you might not want to thank me yet. CdwJava lives in your state and might have information I don't have.

 

[CdwJava]

Juvenile court records are closed and the names of juvenile court defendants are unable to be released pursuant to W&I 827 and 828. Juvenile court hearings in CA are closed affairs and only specific parties are permitted inside the courtroom. The sealing of records pursuant to W&I 781 is a different matter and this sealing makes it unavailable other purposes such as government employment background checks and the like. Once sealed, the records generally become inaccessible for almost any purpose absent a court order.

Certain serious offenses - such as Rape (per PC 261) - do allow for law enforcement to release the names of defendants arrested per W&I 676, but this is governed by an AG opinion and there is not consistency statewide in the release of these names, or the court permitting media access to certain proceedings for these serious offenses.

A minor witness or a victim of a crime is not so protected, but juvenile defendants have a great number of safeguards. It is so sacrosanct that when I used to speak of juvenile matters even off duty, I had to be careful not to speak in any way that the minor could be identified (such as identifying a parent or sibling). I once had a friend come to me and ask about a certain kid who was trying to date his 16 year old daughter. I advised him I could not tell him anything about the young man's past if there was one. However, I suggested he ask me if I might let my foster daughter date him.

 

[quincy]

What you are saying seems to be contrary to the law and case law.

Of course, I am assuming the boy was convicted of rape or another serious or violent offense listed under WIC 707(B), which would prohibit sealing and allow for an FOI/CPRA request and release of information.

The media would not be pleased to learn that a rape by someone 14 or older can be hidden from the public.

 

[quincy]

Following is a link to a case from 2015 - In re. G.Y., H040722M, Cal Ct App, March 5, 2015 - which cites In re. Jeffrey T., 2006, and says that without an act by the California legislature to change the laws on the sealing of records for serious or violent crimes committed by those 14 or over, the records cannot be sealed.

https://www.courtlistener.com/opinion/2784404/in-re-gy/

I believe that the records that debadee123 seeks can be accessed through an FOI/CPRA request, if there are records to be had and if California's legislature has not amended the laws on sealing.

If the boy did not commit a serious or violent crime as defined by WIC 707(B), however, then the records are probably sealed.

 

[debadee123]

The mom of the daughter he's trying to date won't be happy either if that is the case. Thank you both for the info. At least I can start somewhere & attempt something. That sure seems screwy to protect someone who could pose a risk to the public.

 

[quincy]

The mom of the daughter he's trying to date won't be happy either if that is the case. Thank you both for the info. At least I can start somewhere & attempt something. That sure seems screwy to protect someone who could pose a risk to the public.

Yes, it is crazy.

All that I have found says that, if the boy was convicted of rape (or another serious or violent crime) when he was 14 or older, the criminal record is not confidential or sealed.

In other words, I think CdwJava is mistaken.

I will check, though, on if your State has changed the law and with the change made rape a sealable secret offense.

 

[CdwJava]

Quincy, I think you are confused as to what a sealed record in CA actually is. I sealed records as a Records Supervisor so I am familiar with the process. It's not the same at all as access to juvenile court records (which includes the names of juvenile defendants). If you read the W&I sections you will find that access to juvenile court records and filings are very well protected and not subject to release.

Juvenile Court records can be subject to release to other agencies or entities under very strictly controlled circumstances (a girl's mom is not one of them). A SEALED record is not even available to other law enforcement agencies.

The OP is not going to get a juvenile court record pursuant to CPRA. Simply obtaining them because you are curious will not cut it at all.

SD County has an overview of the process by which they can be obtained - and by whom, and explains why they are not available.

http://www.sdcourt.ca.gov/portal/page?_pageid=55,1609788&_dad=portal&_schema=PORTAL

From the First Amendment Coalition:

https://firstamendmentcoalition.org/2009/06/accessing-juvenile-court-records/

https://firstamendmentcoalition.org/2009/06/accessing-juvenile-court-records-2/

https://firstamendmentcoalition.org/2014/03/california-state-appeals-court-reverses-transparency-order-for-juvenile-court/

And there are others.

The point being that these are almost exclusively confidential and there are legal consequences for revealing info on juvenile court matters.

 

[CdwJava]

SEALED records are a different matter. A SEALED record is inaccessible for most all purposes. A Juvenile Court Record is only confidential from public release. You are too focused on SEALED records.

If this miscreant had a true finding and found himself in juvenile hall for 9 months, it is a juvenile court record. Until he clears probation and can successfully petition the court to seal his record (which is more often than not granted), his juvenile record can be accessed for purposes of prior criminal acts, firearms, certain employment backgrounds, other law enforcement agencies, schools (under certain circumstances), and a few other places. Once SEALED, this record would generally not be visible by any of those absent a court order.

To put it in practical terms, when I had juvenile records in my department's computerized electronic management system, they would be flagged as "juvenile" records and the names of juvenile suspects and any identifying info would have to be redacted if the report was provided to the public or another agency that had no lawful need to know. But, the record remained in our system. Once the juvenile record was SEALED, we had to physically lock or delete it after printing a hard copy to be placed into a sealed file. After a specified period of time, the record may even be ordered destroyed.

A SEALED record, is different than a CONFIDENTIAL record, which is what a juvenile court record is.

 

[CdwJava]

And I am not confused about sealed records. I understand who can access them and for what reason they can be accessed. If the records AREN'T sealed, they can be accessed by the public (unless an exemption applies).

Which is specifically stated in W&I 827 and 676 and other places. Good luck getting a court to order their release.

I linked SD County's info previously, how about Sacramento:

https://www.saccourt.ca.gov/juvenile/records.aspx

And the document that specifically spells out who has access to these records and how:

https://www.saccourt.ca.gov/juvenile/delinquency/orders/docs/ssc-jv-99-021.pdf

 

[quincy]

I have not been talking about sealed records, CdwJava. I have been talking about those records that, under your state's Welfare and Institution's law, CANNOT be sealed. Those records can be accessed through an FOI/CPRA request.

I provided you with the applicable laws and the case law.

I have no argument about sealed records or the records of juveniles under the age of 14.

But California law and case law does not permit the sealing of records by those over 14 who have been convicted of one of the crimes listed in WIC section 707(B). Rape is one of those crimes.

After In re. G.Y., where the Court said that the laws must change for the records of G.Y. to be sealed, California's legislature introduced bills to do just that.

Here is a link to Senate Bill 312 with amendments to the existing laws, and an analysis of the laws:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB312

I thought at first the laws with amendments might have been enacted but now I don't see that it has.

Again, it is the records that are NOT sealed of serious or violent crimes committed by those over the age of 14 that can be accessed. I already understood the rest of what you were saying.


(I think you might have actually out-linked me in this thread, Carl )

 

[CdwJava]

But, since we are not talking about sealed records, but Juvenile Court Records, 707 and 781 have no relevance. The OP would have to petition the court for access and provide court information and/or legal right to access of the record - which he cannot, since dad of a possible girlfriend is not provided for.

Remove the sealing terminology from the equation and simply look up the law regarding access to juvenile court records. You should find that they are still confidential, even over age 14. There is no age exception for the dissemination of juvenile court records under W&I 827, and no provision there for the public release of any such juvenile court record.

I will throw this bone ... W&I 676(d) does provide for the public dissemination of the petition, minutes, and adjudication (but no other info) if there is a true finding (sustained petition) for one of the serious offenses listed there (including rape, PC 261). Though, pursuant to (c) and (e) the court can order the matter confidential for good cause or the probation officer or any party may petition for the record to be made confidential. In my experience, unless the matter has garnered significant public attention, the courts tend to retain confidentiality, especially as disclosure can often expose the victim and witnesses to public attention that might tend to outweigh the public's need to know in such matters.

So, on the OFF chance that this kid really had a true finding for PC 261, there MIGHT be a public record of this adjudication with the juvenile court. Maybe. Any lesser offense would find no record. I strongly suspect that if he served 9 months in county JH that any true finding was not for PC 261, but for something lesser.

 

[debadee123]

Ok, now I'm really confused!!

 

[CdwJava]

Short version is that there is no easy way to get any official info on why he was in juvenile hall. There may be no way to get any info at all. So, you can either decide to let her date this guy, or not.

 

[HRZ]

The system rules as to education greatly favor almost everyone is entitled to public education ...and education records are confidential.....so to examine his presence in school may not be a useful road to attempt.

If you regard his role in your child's life as inappropriate its largely up to you to control your child's activities and you might want to rethink if a child needs a phone at any time