A Look at How Juvenile Records Are Expunged

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(Newswire.net — September 12, 2021) –Individuals who have had a criminal record as juveniles can ask the court to expunge their prior conviction. This allows the person to get a fresh start and have a better chance of living a normal life. It gives them peace of mind that they won’t have to be rejected for a new job or a place to live.

While having a juvenile record expunged can open certain doors, it doesn’t mean you’re free to commit a crime as an adult. In some states, an expunged juvenile record can be reopened if you are convicted of an offense years later.

Is Your Record Eligible for Expungement?

Depending on your state, there may be different rules for expunging a juvenile criminal record. However, regardless of the state you live in, certain factors determine whether your record is eligible for expungement. They include the following:

  • Your age: In some cases, you must be a legal adult of at least 18 years of age to have your juvenile criminal record expunged.
  • When the offense was committed: A certain amount of time must have passed before you can have a juvenile record expunged. Depending on your state, you may have to wait for one, two, or five years from the time the offense was committed. The type of offense may also be a factor.
  • The severity of the offense: Some juvenile criminal records may or may not be expunged based on the severity of the offense. Crimes that are typically classified as felonies if committed by adults cannot be expunged.
  • Later arrests or convictions: If you have had subsequent arrests and convictions, it can affect your ability to get your juvenile record expunged.

How Do You Get a Juvenile Record Expunged?

In some states, certain juvenile criminal records are automatically expunged when the individual gets to be a certain age. In others, the record won’t be expunged unless the individual files a request with the court. If you have to go through the court, you must do the following:

  • File a petition: It may be necessary to file a petition to have your juvenile record sealed. You can obtain a pre-printed form and fill it out while carefully following all the included instructions.
  • Pay a fee: You will probably be responsible for a fee that accompanies the request for expungement.
  • Additional requirements: Depending on your state, there may be certain additional requirements you must meet when requesting to have your juvenile criminal record expunged. To know exactly what is expected of you, contact your local county clerk’s office for information or meet with a criminal lawyer who can help you.

What Happens After You Have Your Juvenile Record Expunged?

If the court expunges your juvenile criminal record, it means that it is as though the arrest, conviction, and the record itself never existed in the first place. This means that from that point on if you are ever asked whether you have a prior criminal record, you can simply say no. Legally, you are allowed to do that as long as you don’t get arrested and charged with another crime in the future.

As a result, you can feel secure knowing that you can have a much better chance of obtaining a new job, being accepted into a college, or securing a new rental. If a potential employer or landlord has a background check performed on you, your prior juvenile criminal record should not show up in the system due to being expunged. There are many more opportunities available to you with an expungement.

There are certain exceptions to the rule. For example, if you are seeking a job in law enforcement, your record may be visible or even later unsealed. However, the latter often happens in the event that you are arrested on criminal charges as an adult.