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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21681
Experience:  Handle criminal matters in both state and federal courts.
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In California, if a juvenile is adjudicated of attempted robbery

Customer Question

In California, if a juvenile is adjudicated of attempted robbery (PC 664/211), is he eligible for an expungement, pursuant to California Penal Code section 1203.4? Looking at the code, it describes the defendant as being eligible for relief. However, since a juvenile is not considered a defendant, would this negate the opportunity to apply for relief under PC 1203.4? Also, not sure if the attempted robbery charge can be sealed. If you know off hand, that would be very helpful. If not, I will address it later. Thank you
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Samuel-II :

Hi

Customer:

I think I jumped the gun and did not do enough research yet.

Samuel-II :

A person is eligible to petition for a sealing of their juvenile record when they reach the age of 18 or five years after the jurisdiction of the juvenile court has ended (completion of the sentence), whichever comes earlier. The case must also have been completed entirely within the juvenile court system and not tried in adult court.


An individual is eligible for petition if they have not been convicted of any felony or any misdemeanor that involves moral turpitude following the juvenile offense. Moral turpitude is defined as conduct that is contrary to community standards, such as crimes of fraud, theft, sex, or drugs.


An individual is not eligible to petition to seal their California juvenile records if after the age of 14 they were found to have committed an offense listed in CA Welfare and Institutions Code Examples of these types of offenses include murder, attempted murder, arson, robbery, certain sexual offenses, violent felonies, and some types of assault.


Samuel-II :

Research is important. And maybe I can give you the information you need.

Samuel-II :

I suggest that this juvenile adjudication may be eligible for the relief

Samuel-II :

and also sealed upon the Petition being granted

Customer:

I’m not sure yet, but perhaps an attempted robbery charge can be sealed, doing the same if not more than an adult expungement. But I don't beleive a juvenile is able to apply for 1203.4 releif. Yes or no to either of these?

Samuel-II :

That is correct. It is filed in Juvenile Court and the law that applies is under the CA Welfare and Institutions Code

Customer:

I'd rather not. I found you in the past to be very respectable & knowledgeable, but this time you appeared busy and didn't take the time to really read the question and such. Best if endeavors as you move fwd.

Samuel-II :

I am sorry to hear that you felt I was not giving you undivided attention. Believe me, I was not overly busy. So if you have other questions, I can give you the information you want

Customer:

If I could ask just one more question, please. If a juvenile is adjudicated in the Welfare & Institutions Code of any 707(b) offense, and does not go to youth authority, is there any relief afterward, such as an juvenile sealing or something similar to an adult dismissal (PC 1203.4)? Or does the juvenile have to carry the burden of a criminal record for the rest of his life?

Samuel-II :

If the juvenile is adjudicated as a juvenile and not convicted as an adult, then yes, they may petition the court to ensure the record is not revealed as an adult to the public. Though the record will always be available for court personnel

Customer:

I was told or read somewhere where juvenile records cannot be sealed in a W&I 707(b) offense. Is this incorrect? For the moment, I don't recall the authority.

Samuel-II :

There are certain offenses that cannot be sealed. An attempted robbery is not one of them, though a robbery conviction is and cannot be epunged

Customer:

So then for W&I 707(b) offenses, there is no relief available and the person has a criminal record for the remainder of his life?

Samuel-II :

Oh. Yes, that is correct. As those are considered Violent Felonies and actually would count as a "strike" for purposes of 3 strikes laws

Samuel-II :

as an adult.

Samuel-II :

I apologize, I thought you were still askging about an "Attempt"

Customer:

I went off in different directions. Thnak you

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21681
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


I already rated it -- Excellent Service. Did it not go through?

Expert:  Samuel II replied 1 year ago.
Hi

Yes, thank you very much.

Good luck

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