For a pending Santa Clara County criminal case, the court’s criminal Rule 8 directs an attorney or defendant seeking juvenile records for use in that case to file a Welfare and Institutions Code section 827 petition in juvenile court and, at the same time, file a CR-6082 declaration in the criminal case. CR-6082 tells the criminal court that the petition was filed; it does not release the juvenile file or decide whether any part may be used as evidence.
Why are there two filings?
Juvenile case files are confidential under section 827. The juvenile-court filing presents the request for records and the claimed basis for access or release. The criminal-court declaration connects that request to the pending prosecution without placing the confidential file into the public criminal docket. Santa Clara’s Rule 8 requires these filings concurrently when an attorney or defendant seeks the juvenile records for use in the criminal action.
The official CR-6082 asks the filer to identify the criminal case, state that a section 827 request was filed in juvenile court that day, and declare that the juvenile material may be relevant. It includes a proof-of-service section. The form is a notice of a petition, not a motion admitting juvenile records at trial. Keep the two case numbers, filed copies, service proof, and any later juvenile-court order together so counsel can track what was requested and what, if anything, was authorized.
Who can see or use the file?
Section 827 identifies people and agencies with statutory inspection rights and provides a court-petition route for others. Which route applies depends on the requester’s role, the records sought, and the proposed use. The local Rule 8 filing instruction should not be read as a claim that every person must petition for every kind of juvenile-record inspection. Conversely, being involved in a criminal case does not make every juvenile document freely available.
Before relying on any juvenile material, check the juvenile court’s ruling and any limits on disclosure, copying, or use. A criminal court may separately decide whether material may be admitted or considered in a particular proceeding. Do not attach or circulate a confidential juvenile file merely because CR-6082 has been filed. If the requested record is held by a school, agency, or other custodian rather than the juvenile court, identify that record and its governing access rule before treating this two-filing procedure as a complete solution.
The Law Offices of David S. Chesley’s San Jose criminal defense page provides local practice context. To discuss what juvenile records may matter in a pending case and the required filings, call (800) 755-5174.