Legal Question in Criminal Law in California
My juvenile son, 17, was just arrested for the following violations: 10851(A)CVC, 594(B)(1)PC, 496(D)PC, and 148(A)(1)PC. He has a date set in a couple of weeks to meet with a Probation Officer who will determine how this will go forward. When he was 15 he was charged for break-in and theft, but completed the agreed punishments and the files were "Sealed" and erased from his record. Will the sealed file have the possibility of being opened because of his recent arrest? Also, if he were to apply for a job, would the arrest show at this point if they were to do a background check? I would sincerely appreciate your response regarding this matter.
1 Answer from Attorneys
The old files will be unsealed, and your son will be treated as a repeat offender. Under the new law, if he is convicted of a felony offense it will follow him into his adult life and he will never be able to expunge it from his record. If he were to apply for a job today, it might not show on a background check, but it's doubtful that employment will be available to him as an adult.
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