Rule 5.830. Sealing records
(a) Sealing records-former wards (§ 781)
A former ward of the court may apply to petition the court to order juvenile records sealed. Determinations under section 781 must be made by the court in the county in which wardship was last terminated.
The application for a petition to seal records must be submitted to the probation department in the county in which wardship was last terminated.
If the probation officer determines that under section 781 the former ward is eligible to petition for sealing, the probation officer must do all of the following:
(A)Prepare the petition;
(B)Conduct an investigation under section 781;
(C)Prepare a report to the court with a recommendation supporting or opposing the requested sealing; and
(D)Within 90 days from receipt of the application if only the records of the investigating county are to be reviewed, or within 180 days from receipt of the application if records of other counties are to be reviewed:
(i)File the petition;
(ii)Set the matter for a hearing, which may be nonappearance; and
(iii)Notify the prosecuting attorney of the hearing.
(3)The court must review the petition and the report of the probation officer, and the court must grant or deny the petition.
(4)If the petition is granted, the court must order the sealing of all records described in section 781. The order must apply in the county of the court hearing the petition and in all other counties in which there are juvenile records concerning the petitioner.
(Subd (a) amended effective January 1, 2007.)
For all other persons described in section 781, application may be submitted to the probation department in any county in which there is a juvenile record concerning the petitioner, and the procedures of (a) must be followed.
(Subd (b) amended effective January 1, 2007.)
(c) Destruction of records
All records sealed must be destroyed according to section 781(d).
(Subd (c) amended effective January 1, 2007.)
(d) Distribution of order
The clerk of the issuing court must:
(1)Send a copy of the order to each agency and official listed in the order; and
(2)Send a certified copy of the order to the clerk in each county in which a record is ordered sealed.
(Subd (d) amended effective January 1, 2007.)
(e) Deadline for sealing
Each agency and official notified must immediately seal all records as ordered.
(Subd (e) amended effective January 1, 2007.)
Rule 5.830 amended and renumbered effective January 1, 2007; adopted as rule 1499 effective January 1, 1991; previously renumbered as rule 1497 effective January 1, 1999.