Does Your Record Get Cleared at 18? Navigating Juvenile Records and Expungement
The question of whether your record gets cleared at 18 is complex and depends heavily on several factors, including your location, the nature of the offense, and the specific laws governing juvenile records in your jurisdiction. There's no single, universal answer. While many juvenile records are sealed or expunged upon reaching the age of majority (18 in most states), this isn't always the case.
What Happens to Juvenile Records at 18?
In many states, juvenile records are automatically sealed or expunged when a person turns 18. This means the records are no longer accessible to the public and are generally unavailable for background checks. However, "sealed" and "expunged" have slightly different meanings:
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Sealed: Sealed records remain in existence, but access is restricted. Law enforcement and certain court officials might still have access in specific circumstances.
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Expunged: Expunged records are completely destroyed or removed from official files. They're as if they never existed.
The specifics of sealing and expunging vary significantly by state. Some states have automatic sealing/expungement upon reaching 18, while others require a formal petition to the court. Some offenses, such as violent crimes or serious felonies, might not be eligible for sealing or expungement, even after the individual turns 18.
What are the Exceptions to Automatic Sealing or Expungement?
Several exceptions to automatic sealing or expungement exist:
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Serious offenses: Certain crimes, such as violent felonies or serious sexual offenses, often remain on the record even after the individual turns 18. These cases may require a separate petition for expungement later in life, often with significant hurdles.
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Specific state laws: State laws differ considerably. Some states have stricter criteria for sealing or expungement than others. Research your specific state's laws to understand the nuances.
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Subsequent adult offenses: A juvenile record that would otherwise be sealed or expunged might become accessible again if the individual commits further crimes as an adult.
How Can I Find Out About My State's Laws Regarding Juvenile Records?
The best way to understand the specifics of your state's laws regarding juvenile records is to:
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Consult with an attorney: An attorney specializing in juvenile law or expungement can provide accurate and personalized advice based on your specific circumstances.
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Contact your state's court system: Many state court systems have websites with information on juvenile records and expungement procedures.
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Review your state's statutes: While complex, reviewing relevant state statutes can provide direct insight into the applicable laws.
Can I petition to have my juvenile record sealed or expunged if it's not automatic?
Yes, in states where automatic sealing or expungement doesn't apply, you can often petition the court to have your record sealed or expunged. This typically involves filing a formal request with the court, demonstrating rehabilitation, and potentially attending a hearing. The success of such a petition depends on various factors, including the seriousness of the offense and the individual's subsequent behavior.
What if I'm an adult and my juvenile record hasn't been cleared?
If you're an adult and your juvenile record hasn't been automatically sealed or expunged, it's crucial to consult with an attorney. They can advise you on the feasibility of petitioning for sealing or expungement and guide you through the legal process.
In conclusion, while many jurisdictions automatically seal or expunge juvenile records at 18, this isn't a universal rule. The specifics depend significantly on the state, the nature of the offense, and other relevant factors. Seeking legal counsel is highly recommended to understand your rights and options.
