Criminal Defense Q&A: Can I Be a Sheriff’s Deputy if I Have a Juvenile Record?

Question:

I would like to know if having a prior juvenile misdemeanor/felony would hold me back from becoming a Los Angeles County Sheriff. I was charged with CA Penal Code 288 when I was 16 and completed my 2 yrs probation, therapy, and kept out of trouble since then. It has been almost 10 yrs since and I am looking into becoming a sheriff or getting into the medical field. Will my past get in the way of this happening? I will obviously be honest when asked about past convictions. Does it matter that my record was expunged/sealed?

Answer:

Once a juvenile offender successfully completes probation, the Court is required to dismiss the juvenile’s petition; seal all of the Court’s records regarding that petition; and order the police, the Probation Department, and the Department of Justice to seal all of their records regarding the petition as well. See Welfare and Institutions Code 786(a).

Not only that, but each agency must inform the Court that it has complied with the Court’s order and has actually sealed the records. Finally, the Court must give notice to the juvenile and his attorney that the Court issued all of these orders. Welfare and Institutions Code 786(a).

Once a juvenile’s record is sealed, he can lawfully state to prospective employers, colleges, or anyone else that he has never been arrested or prosecuted for the sealed offense. Welfare and Institutions Code section 786(b).

This process would apply to a juvenile who completed probation for having committed an offense under Penal Code section 288(a). However, if (1) the underlying offense was for Penal Code section 288(b) — lewd conduct with a person under 14 BY USE OF FORCE — and (2) the juvenile was 14 or older when he committed the crime, then his record cannot be sealed, even if the juvenile successfully completed his probation. See Welfare and Institutions Code sections 786(d), 781(a)(1)(D), 707(b)(6).

Continue reading criminal defense attorney Michael J. Ocampo’s answer at Avvo: Career with a juvenile felony?

Learn more about sealing arrest records: Sealing arrest records.