Cal. Welf. and Inst. Code § 1179

Current through the 2022 Legislative Session.
Section 1179 - Release from penalties or disabilities; employment as peace officer; certification of discharge
(a) Each person honorably discharged by the Board of Juvenile Hearings shall thereafter be released from all penalties or disabilities resulting from the offenses for which the person was committed, including, but not limited to, penalties or disabilities that affect access to education, employment, or occupational licenses. However, a release from all penalties and disabilities shall not affect a person's duty to register pursuant to Section 290.008 of the Penal Code. A person in receipt of an honorable discharge is not eligible for appointment as a peace officer employed by any public agency if that person's appointment is otherwise prohibited by Section 1029 of the Government Code.
(b) Persons who receive an honorable discharge and who petition the court for relief otherwise provided for by law may cite and the court shall recognize receipt of an honorable discharge as evidence of rehabilitation.
(c) Notwithstanding subdivision (a), a person may be appointed and employed as a peace officer by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities if (1) at least five years have passed since that person's honorable discharge, and the person has had no misdemeanor or felony convictions except for traffic misdemeanors since the person was honorably discharged by the board, or (2) the person was employed as a peace officer by the department on or before January 1, 1983. A person who is under the jurisdiction of the Division of Juvenile Facilities or a county probation department shall not be admitted to an examination for a peace officer position with the Division of Juvenile Facilities unless and until the person has been honorably discharged from the jurisdiction of the Division of Juvenile Facilities pursuant to Sections 1177 and 1719.
(d) In the case of a person granted an honorable discharge, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities shall immediately certify the discharge or dismissal in writing, and shall transmit the certificate to the committing court and the Department of Justice. The court shall thereupon dismiss the accusation and the action pending against that person.

Ca. Welf. and Inst. Code § 1179

Amended by Stats 2017 ch 683 (SB 625),s 6, eff. 1/1/2018.