Staff reports
SACRAMENTO >> Legislation that will help non-violent young offenders get their lives back on track to become productive members of society is headed to Gov. Jerry Brown”s desk. Senate Bill (SB) 1038, authored by Sen. Mark Leno (D — San Francisco), ensures that juveniles have a pathway to automatically sealing their non-violent records if they successfully complete the terms of their court-imposed probation.
“We know that young people who have been in trouble, if given the chance, can turn their lives around before it”s too late,” Leno said. “This bill helps ensure that non-violent juvenile offenders who have paid their debt to society receive a clean slate upon completing probation. Without a fresh start, a young offender could be prevented from pursuing higher education or entering the workforce, two of the best ways to keep youth from entering a life of crime as adults.”
SB 1038 provides for the automatic sealing of juvenile records in cases where the youthful offender successfully completes all court-imposed sanctions. Existing law already allows for the sealing of non-violent juvenile records, but requires a young person to petition the court.
Many young people never file a petition because it can be a lengthy process and imposes significant costs, according to Ali Bay, Leon”s press secretary. Many are also unaware of their right to petition, move away or assume their record is automatically sealed when they turn 18.
Leno”s legislation does not apply to serious, violent crimes, which remain un-sealable under all circumstances.
“This important bill makes simple but significant changes to our existing juvenile laws that will assist individuals who have made mistakes in their young lives in moving past those errors,” Maureen Pacheco, legislative committee member with the California Public Defenders Association (CPDA), said. “The goal of the juvenile justice system is to rehabilitate and reintegrate juvenile offenders back into society, and that is impossible to achieve if a young person is forever stigmatized.”
SB 1038 is sponsored by the CPDA and co-authored by Assembly members Phil Ting (D — San Francisco) and Mariko Yamada (D — Davis). It is supported by a coalition of groups, including the Judicial Council of California, Juvenile Court Judges of California, National Association of Social Workers, Legal Services for Prisoners with Children, California Attorneys for Criminal Justice, Californians for Safety and Justice and Children”s Defense Fund.
