Frequently Asked Questions (FAQs)

Adult Services

    Adults (18 years of age) convicted of a crime may not have their record sealed. Under certain circumstances the conviction may be set aside, and the case dismissed by the Court. This procedure is called Record Clearance. Court appearance and legal representation are not required. The process may take up to six months​.

    In Adult Court law, probation is a suspended sentence. The Court requires that an offender be supervised by a probation officer for a specific period of time, usually three years. If the offender violates probation, the Court may impose the sentence the law prescribes for the crime(s) committed. It may mean prison for a felony or up to one year in jail for a misdemeanor law violation. The Court may impose certain requirements be fulfilled before probation can expire. Those "conditions of probation" may include a jail sentence, a fine, victim restitution, drug testing, completion of a treatment program, etc.​

    Juvenile

      ​The Probation Department is unable to give you a copy of the police report.  To obtain a copy, go to the police department that made the arrest. They will determine whether the police report can be released to you.

      In some instances the Court may order that your child be removed from your care and placed in a short term residential treatment program to provide specialized services.  Each youth placed in an out-of-home program is provided a treatment plan.  Parents, the committing Judge and the Deputy Probation Officer receive reports every six months regarding the youth's progress toward meeting their treatment plan goals.  The progress reports include areas of progress, areas needing improvement, medical issues, behavioral health issues and education progress and status.  Monthly visits with the youth and their family are encouraged as is participation in a family component of treatment.  Communication and participation may be via phone, video conferencing (or some form of video) or in-person. Please contact your child’s assigned Deputy Probation Officer​ for additional information. ​

      ​Violation of probation only applies to Juvenile Court wards.  This means that your child did not comply with the orders outlined by the Court.  Please contact your child’s Deputy Probation Officer for more information.​

      ​This refers to a postponed or delayed judgment by the Court.  The Court gives your child an opportunity to successfully complete a probationary period.  At the conclusion the Court will review your child’s performance to determine next steps.

      The primary goal is for the youth to return home and reunify with their family, most likely with some level of supportive services which are individualized.  If for some reason their return home is not possible, then the youth may be placed with other family members, extended family or in transitional housing with supportive services and aftercare supervision. Each youth’s circumstances vary and services are individualized designed to meet their needs. ​

      ​This is a diversion program for low level offenders designed to keep your child out to the Juvenile Court system.  This program enables your child to have the opportunity to learn from their mistakes and receive services from community based organizations.
      Phone: (408) 278-5840

      ​The Probation Department ultimately decides on which program a youth will be referred to after the Juvenile Justice Court makes an order to remove the youth from their home and placed in a residential treatment program.  Placement is guided by various sources of information to determine the treatment needs of each youth referred for residential treatment or placement.  Sources can include the youth’s offense history and the circumstances surrounding that offense(s), a complete social history that include interviews with the youth and their family. Deputy Probation Officer​s also complete a risk and needs assessment completed prior to the Juvenile Justice Court making the order for placement.  The Santa Clara County Probation Department utilizes the Juvenile Assessment Instrument System​ as their primary assessment tool.​​

      Juvenile Institutions

        ​The Probation Department follows state laws and regulations about youth rights and facility conditions.  Youth in detention attend school and special programs.  They may receive mental health counseling and are allowed at least one hour of exercise per day.

        • ​Santa Clara County Juvenile Hall - To make an appointment call: (408) 278-5810
        • William F. James Ranch - To make an appointment call: (408) 201-7600
          Staff will communicate who is allowed to visit, and what can/cannot be brought to the visit. They will also share more information about visitation.

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