Unfortunately, no, although many ask “Does your record get cleared at 18?”, this is not the case. However, a criminal defense attorney can help you get them expunged. Hold on to your chair because, in the next few paragraphs, we will explain how to achieve this by sealing or completely erasing them so that they are no longer accessible to the public.
Key Takeaways
- Automatic expungement myth: Juvenile criminal records are not automatically expunged upon turning 18.
- Expungement process: Involves determining eligibility, filing appropriate documentation, and appearing in court.
- Importance of having an attorney: Having an experienced criminal defense attorney is essential to ensure the success of the process.
Is it difficult to expunge juvenile criminal records?
Achieving the expungement of a juvenile criminal record can be a complicated task, which is why it is extremely important to have an experienced criminal defense attorney on your side. S&B Legal has helped many people in their situation and we can help you too. We will work as a team to determine the best course of action and help you every step of the way.
If criminal records don’t clear themselves, what is the process to expunge juvenile criminal records?
Does your juvenile record go away at 18? You may have thought that when a minor turns the age of majority at 18, criminal records clear themselves, however, in order to achieve juvenile criminal record expungement you will first need to determine if your record is eligible to be sealed or expunged. This will depend on the nature of your crime and your criminal record.
Once we know whether or not you are eligible, we will begin the process of filing the necessary paperwork and appearing in court. We will be with you every step of the way, making sure your rights are protected.
What Juvenile Records Are Eligible To Be Sealed Or Expunged?
In order to make a request for the expungement of criminal records, it is important to know what types of juvenile records are eligible to be sealed or expunged. We can name:
Criminal Records
Criminal records refer to records that document a person’s criminal history. These include crimes for which a person has been arrested, charged, tried, and convicted. Criminal records can include both minor offenses (such as vandalism) and serious crimes (such as robbery or murder).
Impact: Can my juvenile record be used against me? Having a criminal record can severely impact a person’s life. It can limit employment opportunities, as many employers perform background checks before hiring. Additionally, it can make it difficult to obtain professional licenses, loans, and admission to educational institutions.
Expungement: Expungement of criminal records involves requesting that these records be sealed or erased so that they are not accessible to the public. This can help the person reintegrate into society without the burden of their criminal past. Eligibility for expungement depends on the type of crime and the individual’s subsequent behavior.
Litigation history
Litigation history includes records of all court proceedings in which a person has been involved. This ranges from preliminary hearings to trials and sentencing. They include details such as charges filed, motions filed, verdicts, and sentences handed down.
Impact: Will my juvenile record affect me? Criminal records may be viewed by future employers, educational institutions and other entities that conduct background checks. Having a criminal record can negatively influence a person’s perception and affect their ability to access certain opportunities.
Expungement: To expunge criminal records, a formal request must be filed with the court that handled the case. This process can be complex and usually requires the assistance of an attorney who specializes in sealing criminal records. If approved, criminal records may be sealed or expunged, restricting public access to these documents.
Probation Records
Probation records register the details of any period during which a person was released under supervision rather than serving a prison sentence. These records include the conditions of probation, the individual’s behavior during this period, and any violations of the conditions imposed.
Impact: Having a probation record can influence a person’s ability to obtain employment, as it can be seen as an indicator of continued criminal behavior. Additionally, it can affect public perception and the person’s ability to participate in certain activities or programs.
Expungement: Expungement of probation records also requires a formal application and court approval. This process may involve proving that the person complied with all the conditions of probation and has led a crime-free life since then. Having the support of a specialized attorney can increase the chances of success in this process.
What happens if you don’t expunge your juvenile record?
If you don’t expunge your juvenile record, it will remain accessible to the public. This can affect your ability to get a job, rent housing, or go to college. It’s important to take action now and get the help you need to expunge your juvenile criminal record.
As we mentioned above, the consequences can be serious, including social stigma. The social and psychological burden that can come with having a criminal record as a minor is something serious to take into consideration since criminal records do not erase themselves.
What are the worst juvenile crimes that can appear on your record?
The worst juvenile crimes that can appear on your record are those that are considered violent crimes. These include murder, rape, and assault. Juvenile criminal records for violent crimes are harder to expunge, but it is still possible with the help of an experienced attorney. There is hope for you!
Why would you want to expunge your juvenile criminal record?
You may be wondering if it is really worth it to seal or expunge your criminal record. You should know that there are many reasons to do so, such as:
- You were arrested but never convicted
- The crime was minor
- You have turned your life around and made positive changes
If any of these situations apply to you, then you may benefit from having your juvenile criminal record expunged.
How can S&B Legal help you?
S&B Legal can help you expunge your juvenile criminal record, we already have success stories where our clients have managed to wipe the slate clean with the expungement of their juvenile criminal record. We are experienced in this process and can help you every step of the way, from determining if you are eligible to filing the necessary paperwork and appearing in court. Contact us today to schedule a free consultation. We would be happy to answer any of your questions.
Summary
Although many believe that juvenile criminal records are automatically expunged upon turning 18, this is not the case. A criminal defense attorney can help expunge them. This process involves determining if the record is eligible to be sealed or expunged, filing the necessary paperwork, and appearing in court. Having an experienced attorney is crucial to ensuring that the juvenile’s rights are protected and to increasing the likelihood of success in expunging the criminal record.
Frequently Asked Questions
What are the requirements to apply for expungement of a juvenile offense in California?
To apply for expungement of a juvenile offense in California, several requirements must be met:
- Age: You must be at least 18 years old.
- Time Elapsed: At least 5 years must have passed since the juvenile court had jurisdiction over the case.
- Behavior: You must not have committed any serious crimes or been convicted of crimes involving moral turpitude as an adult.
- Completion of Sentence: You must have complied with all conditions of your sentence, including fines, restitution, and community service.
It is important to consult with a juvenile law attorney to ensure that you meet all specific requirements.
What types of juvenile offenses can be expunged from my record in California?
In California, most crimes committed as a juvenile can be expunged, including:
Misdemeanors: Such as petty theft, vandalism, or possession of alcohol.
Felonies: Depending on the severity and circumstances of the case, some felonies can be expunged, but this is less common and more complex.
There are exceptions, however. Serious violent crimes, such as homicide or sex crimes, are generally not eligible for expungement. It is crucial to review the type of crime and consult with an attorney to determine specific eligibility.
What is the process of applying for expungement of a juvenile crime record in California?
The process to apply for expungement of a juvenile criminal record in California includes several steps:
Document Collection: Obtain all necessary records, including juvenile court documents, police reports, and any records related to the sentencing.
Application: Complete and file a petition for expungement with the court where your juvenile case was handled. This process may include specific forms and administrative fees.
Service: Notify the prosecution and any other parties involved in your case.
Hearing: Attend a hearing where the judge will review your petition and decide whether to grant expungement. You may need to present evidence of your rehabilitation and good behavior since sentencing.
A juvenile law attorney can guide you through this process and increase your chances of success.
