Adults of all ages return to court asking for their juvenile records to be destroyed. The reasons vary: a new job, continuing education, a credit application, or military service.You don′t necessarily have to have a specific reason. You may just want to clear the record, since what you did as a youth shouldn′t adversely affect the rest of your life.
Having a record means that your name, charge, and other vital statistics have been entered into a local and/or national computer system. Once you′re charged with a crime or delinquent act and found guilty,you have a record.In some jurisdictions,the fact that you were arrested, whether convicted of a charge or not, may result in a record.So it′s worth knowing in advance what the law is in your state.
Most states have a procedure whereby juvenile records may be destroyed. The decision is usually discretionary—destruction isn′t automatic upon request.You may be required to appear in court to discuss your request with the judge. In most situations, it′s not necessary to have a lawyer.
The court will want to know why you want your record destroyed. They′ll ask what you′re doing now (school, job, family, etc.), and whether you′ve had any problems with the law since becoming an adult. If you can show the court that you′ve been rehabilitated, your request will be granted. On the other hand, if you continue to have brushes with the law, are on probation as an adult, or have outstanding traffic tickets, your request may be denied. You can always renew your request at a later date, when a period of time has passed without incident.
The court also takes into consideration what your juvenile offenses were, your age at the time of the offenses, and whether you′ve successfully completed your consequences. If you still owe work hours or restitution, for example, it′s unlikely that your juvenile record will be destroyed. Make sure you come to court in the best possible position.
A twenty-two-year-old once asked a court to destroy his juvenile record, including a number of burglaries and shoplifting charges. When asked why, he stated that he was scheduled to be sentenced the following week in adult court for armed robbery. He didn′t want the judge to know about his juvenile history, which would justify a harsher penalty. Do you think the judge had to think long and hard about this request?
Can colleges ask or see your juvenile record as part of thier application process?
Generally, Tim, a juvenile record is confidential and may be released with the juvenile’s and/or parent’s permission or by court order. Each state has its own laws about disclosure of these records. It also depends on the exact language on the college application - read the question carefully and check with a local attorney or an education counselor before acting.
I have been told that juvenile records are ’sealed’ - what does that mean? Can potential employers still look at it? If not why should I have it destroyed?
Good question, Tim. This is a state-by-state issue. Generally, juvenile records are confidential but not necessarily off-limits to everyone. They may be used, for example, in criminal investigations relating to future involvement with law enforcement. Usually employers do not have access to these records. Under most state’s laws, once you turn a certain age [18, 19 or 21] you can ask the court to destroy the records and the court decides whether to or not. Even if the court destroys its records, you should check with the law enforcement agency involved to see if they destroyed their records. Again, asking a local lawyer or police officer should provide you with current, accurate answers in your jurisdiction.