Cecily Zamora
Juvenile delinquency records can be sealed or expunged in most states, which means they won't show up on background checks and the offense is erased from the public record. However, it's important to note that expunged records may still be accessible in certain circumstances, such as when applying for a job in law enforcement. So, while sealing or expunging juvenile records can provide significant benefits, it's worth understanding the limitations and the specific laws in your state.
| Characteristics | Values |
|---|---|
| Who can access expunged juvenile records? | Law enforcement, government, and courts may be able to access expunged juvenile records in certain circumstances, such as during background checks for law enforcement jobs. |
| Who cannot access expunged juvenile records? | Potential landlords, employers, colleges, and licensing agencies cannot access sealed or expunged juvenile records during criminal background checks. |
| What information is accessible? | Expunged or sealed records are generally not available to the public, and former juvenile offenders can legally state that they have never been arrested or convicted for the expunged offense. |
| What information may still be accessible? | Juvenile records may still be used to increase the severity of a sentence for a later juvenile or adult offense, and vehicle-related violations may be visible to insurance companies when applying for car insurance. |
| When can juvenile records be expunged? | Many states require individuals to remain crime-free for a certain period before their record can be expunged, and some states have age restrictions, typically requiring individuals to be 18 or older. |
| How to expunge juvenile records? | The process varies by state, but many states have a petition process where individuals must file a request with the court. Some states use an automated process for certain offenses. |
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What You'll Learn
Law enforcement background checks
Background checks are an essential aspect of law enforcement, playing a critical role in ensuring the integrity and suitability of individuals aspiring to join police and sheriff departments. These checks are designed to delve into an applicant's history, including any run-ins with the law during their juvenile years. While the specific procedures may vary across states, the underlying objective remains consistent: to make informed decisions about an applicant's character and fitness for a career in law enforcement.
In most states, the law allows for the expungement or sealing of juvenile delinquency records. This process effectively erases the offense from the public record, offering a fresh start to individuals who made mistakes during their youth. However, it's important to note that expungement doesn't necessarily mean complete destruction of the record. While the details may no longer be publicly accessible, law enforcement agencies conducting rigorous background checks may still be able to access this information.
The accessibility of expunged juvenile records during law enforcement background checks is a complex issue. While expungement typically shields records from potential landlords, employers, colleges, and licensing agencies, law enforcement agencies may have a broader reach. This is because their background checks are more comprehensive, aiming to uncover any prior interactions with the justice system. Therefore, it is advisable to be forthright and disclose any past issues during the application process.
The specific requirements and procedures for law enforcement background checks differ across jurisdictions. In some states, applicants may need to be 18 or older to have their juvenile records expunged, while others set the age at 19 or 21. Additionally, certain states mandate a crime-free period before expungement is granted, and there may be restrictions on the types of offenses eligible for expungement. It is always advisable to consult with a lawyer or a legal advisor to navigate the intricacies of expungement and background checks in your specific state.
In conclusion, law enforcement background checks are rigorous and comprehensive, often requiring full disclosure of any past interactions with the justice system, including expunged juvenile records. While the accessibility of these records may vary, being honest and upfront during the application process is generally recommended. The specific procedures and requirements differ across states, underscoring the importance of seeking legal advice to navigate the complexities of expungement and its implications for future law enforcement career aspirations.
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Juvenile records and job applications
Juvenile records can pose a challenge when applying for jobs, but the impact depends on several factors, including the state, the type of job, and the background check process. In most states, a person must be 18 or older to request or have their juvenile records expunged or sealed, with some states setting the age at 19 or 21. Expunging or sealing a juvenile record typically means it won't show up on background checks and won't be accessible to potential employers, landlords, colleges, or licensing agencies. However, there may be exceptions for certain jobs.
It's important to note that juvenile court matters do not result in "convictions" in the adult sense of the word. Instead, they are called ""adjudications". Juvenile records are sealed and are not supposed to be accessible to the public at large. As a result, when asked about criminal convictions on a job application, individuals with only juvenile court adjudications can truthfully answer "No".
However, certain jobs may require additional screening and security clearances, which could involve access to juvenile records. Jobs in law enforcement, federal/contractor positions, and roles with access to sensitive information or children are examples where more extensive background checks may be conducted. In these cases, it is advisable to be honest during the application process.
The impact of a juvenile record on job applications also varies depending on the state and the background check process. Some states have simplified the expungement process for minor offenses, making it easier to have records sealed or expunged. Additionally, some companies may only review recent records, typically within the last seven years, so older juvenile records may not be a factor in their hiring decisions.
To summarize, while juvenile records can be a concern when applying for jobs, the impact depends on the specific circumstances. Individuals with juvenile records should review the laws in their state, understand the expungement or sealing process, and carefully consider the requirements of the jobs they are applying for. Being proactive and providing honest disclosures when necessary can help navigate this complex issue.
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Automatic record sealing
Sealing or expunging a juvenile record means it won't show up on background checks and the offense is erased from the public record. While most states don't completely destroy the record, sealing or expunging it means it won't be available to the public, including landlords, employers, colleges, and licensing agencies.
In most states, a person must be 18 or older to request or have their juvenile records expunged or sealed, with some states setting the age at 19 or 21. Many states require the person to remain crime-free for a certain period before their record can be expunged or sealed. For example, a state law might restrict expungement of juvenile records only after five years have passed since the offense. Other states set wait periods that don't start until the person completes their probation terms or sentence.
Some states have an automated process for sealing or expunging juvenile records, but not every offense qualifies for automatic expungement. Even in these states, a person should check to make sure their record qualified for expungement and was, in fact, expunged. The term "automatic" does not have the same meaning in every state, and only a handful of states have a truly automated system up and running at a statewide level.
In some states, automatic sealing might only apply to misdemeanor records or a limited list of low-level felonies. Other states might require the former offender to have a clean record for two, three, or even ten years before their juvenile record can be sealed. Some states seal records only where a juvenile completed diversion and had all charges dismissed or where the court dismissed the case. States that allow some type of automatic sealing for eligible (but not all) juvenile records include Arkansas, Illinois, Indiana, Michigan, Nebraska, Nevada, New York, and North Dakota.
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Age requirements for expungement
The age requirements for expungement of juvenile records vary across different states. In most states, a person must be 18 or older to request or have their juvenile records expunged automatically. However, some states set the age requirement at 19 or even 21.
It's important to note that simply turning 18 does not automatically result in the expungement of juvenile records. Only a few states will automatically seal or expunge juvenile records once the individual reaches a certain age, usually 19 or older, and even then, not all juvenile records qualify for automatic expungement. For example, violent felonies and sex offenses are often excluded from eligibility for sealing in many states.
In some states, the law might require a wait period after the person turns 18 before their juvenile record can be sealed or expunged. This could be a set number of days or years after their birthday, or it could be linked to the completion of probation or supervision. Additionally, many states require the person to have a clean record for a certain period before their juvenile record can be expunged. This could range from two to ten years without any subsequent arrests or convictions.
The process of expunging or sealing a juvenile record typically means that it won't show up on background checks and will not be accessible to the public, including landlords, employers, colleges, and licensing agencies. Former juvenile offenders can legally deny having been arrested or adjudicated delinquent for the expunged offense. This can provide a better start on adulthood by removing significant barriers to education, employment, and housing.
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Record expungement process
In the United States, state laws allow for the expungement of juvenile delinquency records. The expungement or sealing of a juvenile record means it will not be available to the public and will not show up on background checks. This means that former juvenile offenders can legally state on applications that they have never been arrested or adjudicated delinquent for the expunged offence.
In most states, a person must be 18 or older to request or have their juvenile records expunged, with some states setting the age at 19 or 21. For some minor offences, the law may allow for expungement when the case is dismissed, regardless of the person's age. Many states also require the person to remain crime-free for a certain period before their record can be expunged. For example, a state law might restrict the expungement of juvenile records until five years have passed since the offence. Other states set wait periods that do not start until the person has completed their probation terms or sentence. Most states place some restrictions on the types of offences that can be expunged and prohibit expungement when the person has subsequent juvenile adjudications or adult criminal convictions.
In most states, a former juvenile offender will need to formally ask the court to expunge their record through a petition process. Some states use an automated process, but not every offence qualifies for automatic expungement. The petition process varies from state to state but most follow a similar procedure. The person will file a petition (or application) asking for an expungement with the court that handled the case.
In Maryland, there is no charge to expunge a case with a disposition of acquittal, dismissal, probation before judgment, nolle prosequi, stet, or not criminally responsible. For eligible guilty dispositions, there is a $30 filing fee, which is non-refundable even if denied. If you cannot afford the fee, you may request that the court waive the filing fee. For cases where all charges have a disposition of acquittal, not guilty, dismissal, or nolle prosequi, entered on 1 October 2021, or later the court will expunge the case automatically after three years. You may request expungement earlier than three years by using the relevant form.
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Frequently asked questions
Yes, they can. Government agencies and law enforcement may ask for all information, even if the case was dismissed, expunged, pardoned, or sealed. However, if the juvenile records were sealed or expunged, your child can legally say they do not have a criminal record.
In most states, a person must be 18 or older to request or have their juvenile records expunged. Some states set the age at 19 or 21. Many states require the person to remain crime-free for a certain period before their record can be expunged. The process typically involves filing a petition with the court that handled the case.
Sealing or expunging a juvenile record means it won't show up on background checks performed by potential landlords, employers, colleges, or licensing agencies. The former juvenile offender can legally state on applications that they have never been arrested or adjudicated delinquent for the expunged offense.
