Mistakes don’t have to follow your child into adulthood; we can assist with sealing and expunging juvenile records. While juvenile convictions are not technically criminal convictions, a juvenile record can have the same practical effect as a criminal conviction in terms of limiting opportunities (academic, employment, or otherwise) for the individual with the record. For this reason, parents of juveniles should seek legal help for juvenile record sealing and expungement as soon as the child is eligible. Below are some key points for parents to know:
Sealing and expunging juvenile records are not the same thing.
Sealing a record means that the record is no longer a part of the court’s main record system. The record is stored in a separate file system only accessible by government officials such as law enforcement officers, prosecutors, and the Attorney General. Inspection may occur only under limited circumstances. Expungement of a record means that the record is completely removed from the court’s record system and destroyed. An expunged record is permanently irretrievable.
Juvenile records are not automatically sealed.
Many parents are surprised to learn that juvenile records are not automatically sealed at the age of 18. To seal a juvenile record, an eligible person must submit a petition to the court.
To have a record sealed and expunged, the person must be eligible.
If a child is under the age of 18, the child must wait six months after final discharge from the case, which means six months after completing the sentence imposed, before submitting a petition. All fines and court costs must be paid as well. Someone over the age of 18 does not need to wait six months after final discharge. Many juvenile courts will seal and expunge a conviction at the same time. A record can be expunged any time after it is sealed. Eligible records are expunged automatically five years after the record was sealed OR when the individual turns 23 years old, whichever is first.
Juvenile sealing and expungement are not limited to certain types of offenses.
Unlike adults, juveniles are not limited to only having certain types of offenses. A juvenile can apply to seal nearly any type of conviction. Only aggravated murder, murder, and rape cannot be sealed. Moreover, a court is not limited in the number of offenses to seal.
