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Probation Department - County of Humboldt
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  Probation Department FAQ

FAQ

  Table of Contents:

  Where is Juvenile Delinquency Court held, and when?
  Can I get a copy of a probation report?
  What is the difference between adult supervised probation and court probation?
  How can I get an early termination from probation?
  Can I find out who is on probation?
  What are my rights to possess firearms if I'm on probation?
  What can I do with an out-of-control teen?
  What is the difference between adult probation, adult parole and Post Release Community Supervision?
  How do I get my adult record expunged, get a certificate of rehabilitation and a pardon?
  How do I get my juvenile records sealed?
  Do I have a warrant?
  When can my child come home from Juvenile Hall?
  Can I vote while on probation?


top of page   Where is Juvenile Delinquency Court held, and when?
 

Currently, most Juvenile Delinquency Court cases are heard in the Northern California Regional Facility conference room beginning at 1:30 p.m., Monday through Thursday. The Regional Facility conference room is located behind Humboldt County Probation Department at 2002 Harrison Avenue in Eureka.

When arriving for court, please be prepared to wait until your case is called. It is possible this wait may extend into the later morning hours. There is seating and bathroom facilities in the Regional Facility lobby. You must be present at the time your case is called. It is also possible that after an appearance before the court you will be directed to see a probation officer at the main Probation Department, located in front of the Regional Facility.

Juvenile Delinquency Court cases that are calendared for 8:30 a.m. are held on the second floor of the Courthouse, located at 825 5th Street in Eureka.

top of page   Can I get a copy of a probation report?
 

The release of probation records is covered under the confidentiality provisions of Penal Code Section 1203.05 and Welfare and Institutions Code Section 827.

Adult matters: Generally, reports in adult matters may be inspected or copied by any person for a period of 60 days from the date judgement is pronounced or probation is granted. The court may also order or authorize persons who have petitioned the court for copies after this 60 day period. For persons not on probation, copies may be obtained from the Clerk of the Court located at the county courthouse. Probationers may request to review reports concerning themselves at any time and may obtain copies from their probation officer upon request.

Juvenile matters: Juvenile reports may be inspected by the minor who is the subject of the proceeding and the minor's parents/guardian, as well as agencies stipulated by law or other persons specifically authorized by the juvenile court judge. Copies of reports may be requested from the juvenile's attorney. Otherwise, these reports are not open or available to the general public without the filing of a petition and approval of the juvenile court.

top of page   What is the difference between adult supervised probation and court probation?
 

Court probation, or summary probation, is granted for some misdemeanor law violations. These cases are supervised by the District Attorney's office, not the Probation Department. Any violations of summary probation would be filed by the District Attorney's office.

Supervised probation is granted most often for felony law violations. These cases are supervised by the Probation Department, and a probation officer is assigned to supervise the matter and advise the court of any violations of probation.

top of page   How can I get an early termination from probation?
 

If you are on adult probation and you want to be terminated from probation early you must have completed all requirements of probation such as treatment programs and community service work, have all fines, fees and restitution paid in full and not have any negative law enforcement contact for a period of one year. If you meet the above requirement you will need to contact your attorney and have a court hearing scheduled. The court will determine at the hearing whether or not you will get terminated from probation early.

If you are on juvenile probation you will not have a set probation term. However, to expedite termination of probation you will need to complete all requirements of probation, and pay all fines and restitution in full.

top of page   Can I find out who is on probation?
 

Due to regulations regarding confidentiality, the public is unable to access this information. The Probation Department can accept information from the public to assist in supervising cases and effectively protecting the community. Crime victims are advised when a violation of probation occurs.

top of page   What are my rights to possess firearms if I'm on probation?
 

Persons on probation for any felony or specified violent misdemeanors (see Penal Code Section 12021(c)(1)), or if persons who have a specific weapons restriction as a condition of probation, may not possess or have under their custody and control any firearm whatsoever.

Once the probation term has been successfully completed, certain actions must be taken to restore one's right to possess a firearm:

  1. Petition the court pursuant to Penal Code Section 1203.4 and be granted a change of plea and dismissal of conviction;
  2. Petition the court for a certificate of rehabilitation, and get approved;
  3. Petition the Governor and receive a full and unconditional pardon;
  4. Petition the Federal Bureau of Alcohol, Tobacco and Firearms for restoration of firearms rights, and get approved.

top of page   What can I do with an out-of-control teen?
 

You are not alone! Many parents struggle with the challenges of raising teenagers. Here are some ideas of people and services you can access to assist your teen through these difficult years.

  • If you have a good relationship with your teen, make time every day to find out what he/she enjoys, their goals, and what they have done in reaching for those goals.
  • Include your family, friends, and supportive adults in your request for help. Share with them your difficulties in raising your teen. They may have some great suggestions.
  • Talk with your teen's teacher, the school counselor, or the principal.
  • Talk to your teen's doctor.
  • Ensure your teen is getting enough sleep and balanced meals.
  • Reach out to your faith-based organization for assistance.
  • Reach out to your tribe or cultural group for assistance and culturally-based services.
  • Contact the Family Resource Center in your community.
  • Call the Youth Services Bureau for connections to more services in your community, (707) 443-8322.
  • Join the Foster Parent Association - no need to be a foster parent to be a member. This support network will give you a wealth of hands-on knowledge in your own community.
  • Help your teen get active in his/her community through volunteer work, employment, or positive after school activities.
  • Be interested and informed about what your teen does on-line with friends.
  • Call local law enforcement about gangs in Humboldt County and educate yourself about the warning signs.
  • Educate yourself through the Internet about drugs, gangs, and the hazards tempting teens today.
  • Engage your family in counseling through service providers such as Children, Youth, and Family Services,
    (707) 268-2800, or Changing Tides Family Services (formally Humboldt Child Care Council), (707) 445-1195.

top of page   What is the difference between adult probation, adult parole and Post Release Community Supervision?
 

County probation is a sentence ordered by a superior court judge usually instead of, but sometimes in addition to, serving time in local jail. It allows the convicted person to live in their community, sometimes under the supervision of a county probation officer, for a specified period of time. Depending upon the circumstances and the seriousness of the crime, the typical probation term lasts from one to five years, but may be longer. Violation of probation terms, or commission of a new law violation while on probation, can result in local jail time or a commitment to state prison.

State Parole is a conditional release of a prison inmate after serving all or part of a prison sentence. To be eligible for Parole, an inmate must have been committed to prison for a serious or violent offense, been determined to be a high risk sex offender, or be a two strike offender. Parole is managed by the State Department of Corrections.

Post Release Community Supervision (PRCS) is a conditional release of a prison inmate after serving all or part of a prison sentence. Inmates who do not meet the criteria for State Parole are placed under the supervision of a County Agency. In Humboldt County, that agency is the Humboldt County Probation Department.

top of page   How do I get my adult record expunged, get a certificate of rehabilitation and a pardon?
 

Generally, pursuant to Penal Code Section 1203.4, persons who have:

  1. Fulfilled all of the conditions of probation for their full probation term, or
  2. Have had their grant of probation modified and terminated as successful early, may at any time request that the court allow a change of plea from guilty to not guilty, or have their guilty verdict set aside (if convicted after a plea of not guilty) and have the accusation or information against them be dismissed.
To be eligible for this relief, the person cannot:
  1. Currently be serving a sentence for any offense;
  2. Be on probation for any offense; or
  3. Have a pending charge for the commission of any offense.
Note: Certain offenses are excluded from relief under this law (Penal Code Section 1203.4(b)).

If the court has dismissed the accusation pursuant to Penal Code Section 1203.4, the person may file a petition with the court for a certificate of rehabilitation and pardon if they:
  1. Have remained free from custody in prison, jail, a detention facility or other penal institution or agency since the dismissal of the accusatory pleading;
  2. Are not currently on probation for the commission of any felony; and
  3. Can provide evidence of five* years residence in California prior to the filing of the petition (*exceptions are noted in Penal Code Section 4852.03).
If the court approves the petition and a certificate of rehabilitation is ordered, a certified copy of the certificate is transmitted to the Governor and other appropriate parties, and serves as an application for a pardon and restoration of rights.

top of page   How do I get my juvenile records sealed?
 

Juvenile records aren't sealed automatically, they must be ordered sealed by the juvenile court. To begin the process, contact the Probation Department to request a Juvenile Record Sealing packet. Once the packet is returned to Probation, a probation officer will interview you, conduct an investigation, and provide a report to the court recommending whether or not your record should be sealed. You will be notified by Probation of the date and time of the court hearing. There is $150 non-refundable application fee for record sealing due at the time the packet is returned to Probation (a fee waiver may be granted by the court depending upon your financial situation).

If the court orders your records sealed, a copy of the order will be sent to all agencies named in the order instructing them to seal their records. The agencies will notify the court of compliance and when all agencies report they have complied with the order, the records are considered sealed.

If the court does not order your records sealed, you can complete another Juvenile Record Sealing packet at a later date.

You must go through this process for each county in which you have a record.

top of page   Do I have a warrant?
 

The Humboldt County Sheriff's Office can be contacted to find out if you have an active warrant for your arrest. Warrant information can be obtained over the phone at (707) 445-7251, Monday through Friday, from 8:00 - 12:00 p.m. and 1:00 - 4:30 p.m., or at the main counter at the Sheriff's Department located at 826 4th Street in Eureka.

top of page   When can my child come home from Juvenile Hall?
 

If your child is detained in the Humboldt County Juvenile Hall, he/she will appear before the juvenile court for a detention hearing. During the hearing, the judge will determine if your child needs to remain detained or if he/she can be released. If the court determines your child may be released, the court can order your child released outright or the court can authorize the release at the discretion of the probation officer. If your child is authorized to be released at the discretion of the probation officer, the probation officer will review the case and you will be notified if/when your child is to be released.

If your child is to be released on home supervision, with or without the electronic monitor, your child will need to remain at home at all times unless at school or prior approval has been given by the home supervision officer. To expedite your child's release on the electronic monitor, all accessory telephone services such as caller ID, call forwarding, call waiting, answering machine, computer modem, and/or fax machine will need to be removed from your telephone line.

top of page   Can I vote while on probation?
 

Yes, In California, you have the right to vote while you are on probation. You must be a United States citizen, a resident of California, and at least 18 years of age. To vote in the next election, you must register to vote at least 15 days before the election. For more information, contact the Humboldt County Office of Elections and Voter Registration, 3033 H Street, Eureka, CA 95501, 707-445-7678.


 
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