Youthful errors must not destroy what would have been a lifetime of potential.
Being a parent, the future of your child is your first and foremost consideration. When your son or daughter ran into trouble when they were a juvenile say, they were only 15 or 16 years old you might think that once the probation period is completed, the entire event is permanently sealed.
However, regrettably, it is not true in many cases.
The fact is that even a minor juvenile record may haunt a young individual over a lifetime. It may block them out of college, not allow them to secure a good job, or even serve in the military.
As a licensed lawyer assisting families with these very problems for one year, and a paralegal for the previous four, I have experienced the shocking devastation that an old juvenile (minor) case can cause when a background check is taken. That record can be sealed in name only, yet very alive in the systems in the background, which are really important.
This article is your step-by-step, plain and simple, how to do what can be done way to legally clear that juvenile (Minor) record by a process that is commonly referred to as expungement or sealing. This is among the greatest things that you can consider to safeguard the future of your child.
We are going to dwell upon the facts and the process. I will demonstrate why this is important, how this process works, and the specific actions you must take now to make sure that youthful mistake is only a thing of the past.
The Hard Truth: Why You Must Clear the Record
It is a common notion that a juvenile (minor) record disappears when the child attains the age of 18. It is among the most expensive and massive myths of the legal system. In the majority of states, juvenile records are stored and may cause severe damage in the future.
These are the four important areas where an uncleared juvenile (minor) record can bring problems:
1. Education and College Admissions
In the process of applying to universities, a lot of schools inquire about the criminal background of a student. A juvenile (minor) record can still come up even when the answer to the question of conviction involving an adult is in the negative, as far as its technicality is concerned. It may damage the prospects of your kid being accepted into any competitive program or one that involves clinical experience, such as nursing or teaching. Moreover, some crimes, even at a young age, may affect the ability to receive federal student aid, such as grants and loans, and make college unaffordable.
2. Career and Professional Licensing
It is here that I have witnessed the greatest heartache. Many of the jobs at the entry level and nearly all professions require a cleared record.
- Financial Careers: Money handling or banking jobs usually involve complete background investigations.
- Healthcare: Doctors, nurses, and technicians’ licensing boards are harsh on any criminal history.
- Education: Educational qualifications virtually necessitate a spotless record, either juvenile or adult.
- Government/Security: Any position that involves a security clearance, be it in a local government office or a high-tech organization, will require a thorough examination of their past.
I have seen youths miss out on employment opportunities last minute before they were to begin employment due to a childish act they committed five or ten years ago. A new beginning needs a clean slate.
3. Housing and Rental Applications
Landlords and property management companies are conducting background checks than they have ever done before. They can refuse a lease application in case they observe some juvenile crime in the past. This may render it hard to settle at a given place to stay, particularly in competitive rental markets.
4. Military and Public Service
Having a juvenile (minor) record can be a big setback, especially to a child who wishes to join the military, work in law enforcement, or any other profession involving public service. Although the regulations are dependent on the branch, the special waiver that is often difficult to obtain may be mandatory in the case of an uncleared juvenile violation.
Understanding the Difference: Sealing vs. Expungement
Sealing and expungement are terms that are used synonymously, yet they have different meanings. The state process used is also extremely important to know, since the effect varies.
- Record Sealing: This is the most prevalent juvenile (minor) record procedure. In case of a record being sealed, the record is not destroyed. Rather, it is not open to society. It will not be able to be seen anymore by just a few government agencies, such as the police, the courts, and some licensing boards. It is written up in a secure file, so to speak.
- Record Expungement: This is the better type of clearance. In case of an expunged record, it is considered as though it did not occur. The physical documentation is normally destroyed or sent back to the individual, and all the formal documentation of the incident is erased. It is usually more difficult to obtain than sealing and can be offered only on very petty offences.
In both scenarios, you want to enable your child to truthfully and legally tell you that they do not have a criminal record when seeking employment, enrollment in a school, or when seeking to rent a house. This is the principle objective of the juvenile justice system to rehabilitate the youth without establishing a lasting punishment.
Step 1: Determine Eligibility and Waiting Periods
Clearing a juvenile (minor) record rules vary depending on the state in which the crime occurred. The process of an application may vary even on a county-to-county basis. It is necessary to verify the particular law in your region.
In general terms, four major requirements that you must satisfy to apply to clear juvenile records include:
A. Age Requirement
The juvenile (minor) should be of legal age. The majority of states impose age restrictions of 18 (and in some states, 21) on individuals. Before granting this relief, the legal system would desire to see that the individual has effectively left their teenage years successfully.
B. Waiting Period
The waiting period is always present. This is what has to happen once the case is completely closed.
- Completion of Sentence: All conditions of a sentence, such as probation, community services, fines, and counseling, must be completed by your child.
- Clean Time: This is because a specific period of time is required to have elapsed between one and five years since the last communication with the court or police on any crime.
As an example, the state may insist on the fact that the individual has served his or her probation and has not been arrested or convicted in five years, either adult or a juvenile.
C. Type of Offense
The most serious factor is the nature of the crime committed.
- Eligible Crimes (Most Common): Expungement or sealing are normally applicable with misdemeanors, status offenders (such as running away), possession of minor drugs on the first time, and minor property crimes.
- Ineligible Crimes (Generally): Violent crimes, severe felonies, certain sex crimes, and weapons-related crimes are usually permanently unappealable, regardless of time.
I cannot emphasize this point more: The court would like to find out that your child committed a single mistake, not that they are always dangerous to people. When the crime committed was non-violent and did not injure another individual, you have a good chance.
D. No New Offenses
This rule is very simple, yet the most significant one. When the individual is awaiting to be given clearance, he or she should not be in any trouble at all. Any subsequent arrest, regardless of the subsequent dismissal of the charge, may reset the waiting time or terminate the possibility of cleaning the stale record.
Step 2: The Paperwork and Evidence You Need to Gather
The legal procedure is full of paperwork, and the court desires evidence. Imagine this as creating a strong case that can come up with a second chance that will prove your child to be a mature and changed person.
Within my practice, I would always recommend clients to begin compiling the following documents immediately:
1. Official Court Documents
You require copies of all the contents of the original case:
- The initial charging petition.
- The final order or judgment made by the court (this indicates what they were convicted of and what the sentence was).
- Evidence of the payment of the fine and community service.
You may have to make a call to the court clerk’s office where the case was conducted to request the same
2. Proof of Rehabilitation and Character
This is where you demonstrate to the court who your child is now, as opposed to what they were at that time. These are usually the strongest components of the application.
- Character Letters (References): Write recommendations on the good character of the child by persons who know them well. It must include teachers, employers, coaches, and mentors, or religious leaders. The letter must include how they have known your child and why they think that clearing the record is in your merit.
- Transcripts: School records indicating good grades and attendance since the commission of wrong.
- Employment Records: Paychecks, job advertisements, or work history letters from current employers.
- Certificates: Any evidence of training or therapy, or special programs your child attended.
In one of the cases that I worked on, we had a letter from one of the supervisors discussing the commitment of the young man to an apprenticeship program. That letter, which revealed Experience and commitment, was a huge difference to the judge. The human element matters.
3. The Application Form
The specific application form will be found in the local court or a state agency (usually, it is the Department of Justice or one of the State Police units). This is commonly referred to as a Petition to Seal or Petition to Expungement. It should be completed flawlessly. One innocent error, such as missing a date or signing where it does not count, may make the court turn down the entire application, and you would have to begin all over again.
Step 3: Filing the Petition and the Court Hearing
After you have all your documentation ready, the next step would be to formally file the paperwork and gear up for the last meeting with the judge.
A. Filing the Documents
- Where to File: You should have the petition filed in the court in which the initial juvenile case was filed.
- Fees: Filing fees are usually incurred and may vary between modest and even hundreds of dollars. If money is a problem, request the court clerk regarding a fee waiver (commonly referred to as a request to proceed in forma pauperis). In case of low income by your family, you can seek to file for free, as can be admitted by the court.
Once you have filed, you are often expected to formally notify or serve (herein referred to as serving) some other parties. These always involve the office of the original prosecuting attorney, and in many cases, the police department that made the arrest. They are free to disagree with your request.
B. What to Expect at the Hearing
Not all states need a hearing on each clearance. In small cases, it can be endorsed by a judge without one. But when a hearing is scheduled, then you have to be prepared.
- Be Prepared: The task of the judge is to determine whether clearing of the record is within the interests of justice. They would like to be assured that the juvenile has been taught his lesson and has become a responsible adult who does not break the law.
- The Applicant’s Role: The individual whose record is being cleared has to be in attendance (the person is your child). They are expected to be professional in dress, talk clearly, and refer to the judge with respect.
- Talking to the Judge: The questions that the judge can ask them are:
- What did you learn from this event?
- What has been different since then in your life?
- What are your future objectives?
My recommendations to my clients would be to concentrate on responsibility, profound regret over the past, and providing a clear and positive future career or education policies. They should demonstrate the experience of having undergone the juvenile system and coming out as a better person.
C. The Final Order
In case the judge grants the petition, he/she will be signing a final order. It is the document that records the legal seal or expunges the record. You should make sure that a copy of this order is forwarded to the various government bodies that require it, such as:
- The Arresting Police Department.
- The State Police (which contains a criminal history database).
- The Department of Justice (assuming that it is applicable in your state).
Your task is to follow up on them and ensure that they are all adhering to the order.
A Final Note of Caution and Next Steps
Juvenile record clearance procedure is complicated in the sense that it is state-specific. The specifics of what would be considered a felony, the time frame for waiting, and the types of forms to complete vary immensely between states.
You must check the laws in the state where the juvenile offense occurred. This information is a general guide that can be used in the vast majority of states in the United States, but it is not legal advice for your circumstance.
- Next Action: The most secure and effective thing you can do is first find a local lawyer dealing with juvenile law or criminal record expungement in your county. In case you are unable to hire a personal attorney, seek out local legal aid societies or pro bono. They usually even have programs that simply clear old records.
It is a long process that requires effort and perseverance, yet the outcome a bright future for your child is worth the time. Do not wait. Do this crucial thing now to make a painful past the key to a brighter future.
The data presented in this article is purely informational and does not amount to legal advice.
You can also read more of my detailed legal blogs on my Medium profile if you’re interested in exploring further.