Many states and cities in the United States have a juvenile justice system in place to prevent kids from committing repeated offenses. In such systems, you can find several rules to follow, including the curfew law.
Not all states have curfew laws, though. California, for example, doesn't have a state-wide curfew law. However, that doesn't stop local cities and counties from imposing their rules. While violating these laws doesn't necessarily result in severe convictions, repeated offenses may lead to problems.
In some special scenarios, curfew violations may result in a formal conviction, which will be recorded on a criminal record. When the person completes their formal probation (or sentencing), they may be able to seek an expungement to hide these convictions from the public eye.
Below is a guide on how to expunge curfew charge in CA, as well as other helpful information for people interested in looking at their case with a professional. Our team can also advise on how to expunge underage drinking charge in CA.
What's Considered a Curfew Charge in California?
A curfew charge is an offense that involves people who remain in public places or open private businesses between specific hours. In the case of curfew for minors, for example, this period is between 10 PM and sunrise.
Something important to note is that a curfew charge is often considered a misdemeanor. By violating curfew repeatedly, a person can expect to receive fines, community service time, and even detention. However, these offenses don't generally result in jail time.
Curfew rules will vary from place to place. In San Diego, for example, minors can't be in public places between 10 PM and 6 AM. Santa Clara County, on the other hand, prohibits minors from being in these places from 10 PM and 5 AM.
Some areas have exceptions, although they vary. Some of the most common ones include:
Being accompanied by parents, legal guardians, or people having the legal custody of the minor
Being on an errand directed by the minor's parents or legal guardians
Returning home from a public meeting or place of entertainment, such as theaters, sporting events, or school activities
Being emancipated
Requiring the presence of the minor in a place connected with an occupation, trade, or profession where they're lawfully engaged
Being involved in an emergency situation
Which Penalties Can a Person Expect from a Curfew Charge?
A law enforcement agency may enforce different penalties depending on the child's case. Usually, penalties include:
Fines
Informal probation
Restriction or suspension of driver's licenses
Community service or after-school programs
Detention in jail or juvenile hall for repeated offenses
Not all cases will result in such strong consequences. Some law enforcement agents may give the child a warning or take them home. This is usually the case for a first violation.
In some cases, a second violation will be the responsibility of the minor's parents or legal guardians, so they'll have to cover administrative and transportation costs.
Juvenile curfew charges aren't likely to result in a state prison sentence, house arrest, or other harsh consequences.
What About Business and Emergency Curfews?
It's important to note that juvenile laws aren't the same as business or emergency curfew rules. Emergency laws are usually imposed in response to crises, such as natural disasters, civil disturbances, or public health issues.
Business curfews, on the other hand, are set to maintain health and safety during crises. Penalties vary depending on the area.
In Los Angeles, for example, violating curfew orders as an adult will result in misdemeanor charges. They are punishable by fines of up to $1,000 and imprisonment for up to six months.
How to Expunge a Curfew Charge in California
Expunging a curfew charge in California isn't such a straightforward process, especially considering that the steps to follow depend on the offense the person made. Our team can also consult on how to expunge trespassing charge in CA.
Below is a breakdown of what to do if there's a curfew charge on your record and you want to expunge it:
Identify Your Charges
The first thing to do is to check whether you're being charged as a juvenile or an adult. Cases with minors will likely be handled by a juvenile court, whereas other local or penal code violations will be managed by an adult one.
Determine Eligibility
Once you've identified your charge, it's time to see the options you have. According to the Welfare and Institutions Code (781), people can file a petition to seal their records if they've reached 18 years of age and have gone five years (or more) without committing a new offense.
Adults dealing with an infraction or misdemeanor, on the other hand, may request an expungement under Penal Code 1203.4 if they've completed their penalties and probation. If they didn't have to report to a probation officer, they can seal their record through Penal Code 851.91.
Those with felony convictions will have to get their sentences reduced to misdemeanors to get them expunged. On the other hand, those with severe prior offenses like sex crimes may not be able to file for an expungement.
Complete Sentencing or Penalties
In the case of juveniles, they should keep a clean record to request a "seal" and complete all penalties, which may include attending school, completing community service, or paying fines.
Adults, on the other hand, must complete all factors related to their sentence, including probation, fines, and restitution.
File a Petition and Attend the Hearing
Next, the person should file a petition with the court handling their case and pay the filing fee. Hiring an attorney is the best way to ensure there are no mistakes at the time of filing this petition.
Sometimes, the person may need to attend a hearing to discuss their expungement. Minor offenses may be cleared without one, though.
Wait for a Decision
The final step is to wait until the judge makes a decision. If the petition gets approved, one out of two things may happen:
In the case of juvenile cases, the record may be sealed. Adult expungements, on the other hand, will result in a dismissal of the conviction, meaning it won't appear in some background checks.
Bottom Line
California's criminal law has several rules in place to ensure the safety of everyone. While a curfew violation isn't necessarily a serious crime by itself, it can sometimes cause issues for people in the future.
Those who want to expunge their curfew charges will need the help of the best criminal defense lawyer in Sacramento CA. At Goss Law, we have legal experts ready to take expungement cases and educate our clients on everything they need to know, including the basics of the California Penal Code, potential case outcomes, etc.
Schedule a free consultation today, and get the post-conviction relief you're looking for.
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