SACRAMENTO >> Gov. Jerry Brown signed legislation on Friday that will help non-violent, young offenders get their lives back on track to become productive members of society. 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.
“This important legislation helps ensure that young people who have been in trouble and have paid their debt to society are given the chance to turn their lives around before it”s too late,” Leno said. “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. I thank Governor Brown for his leadership in signing this measure.”
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 have significant costs. Others are unaware of their right to petition, move away or assume their record is automatically sealed when they turn 18, according to Ali Bay, of Leno”s office.
The bill does not apply to serious, violent crimes, which remain un-sealable under all circumstances.
“Today California has taken a significant step to help non-violent juvenile offenders move past mistakes they made in their young lives,” Maureen Pacheco, legislative committee member with the California Public Defenders Association (CPDA), said. “We are redoubling our focus on rehabilitating and reintegrating young offenders back into society, an objective that is nearly impossible to attain when that person is forever stigmatized by a past crime.”
SB 1038 is sponsored by the California Public Defenders Association and co-authored by Assemblymembers Phil Ting (D-San Francisco) and Mariko Yamada (D-Davis). It is supported by a broad 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.
