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2021 California Rules of Court

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

(a) Applicability

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

(b) Sealing of records

Upon satisfactory 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 seal the arrest and other records in its custody relating to the arrest or referral and participation in the program. 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 promptly.

(c) Notice to participant

Within 60 days of the satisfactory completion of a program subject to this rule, the probation department must notify the person in writing that his or her records have been sealed. 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.

(d) Review of unsatisfactory completion of program by the juvenile court

A person who receives notice from the probation department that he or she has not satisfactorily completed the program and that his or her 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 he or she has met the satisfactory completion requirement and is eligible for record 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 child before or at the hearing unless the court finds that the child 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.

Rule 5.850 adopted effective September 1, 2018.

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