Does Your Record Get Cleared at 18? Navigating Juvenile Justice and Expungement
The question of whether your record gets cleared at 18 is a common one, but the answer isn't a simple yes or no. The truth is more nuanced and depends heavily on several factors, including your location, the nature of the offense, and the specific laws governing juvenile justice in your area. Let's delve into the details.
What Happens to Juvenile Records at 18?
In many jurisdictions, juvenile records are sealed at age 18. This means they are not automatically erased, but they become inaccessible to the public and most employers. Law enforcement and certain government agencies may still have access to this information, depending on the specifics of the case and state/local laws. This is often referred to as "automatic sealing" and is a crucial distinction from expungement.
What's the Difference Between Sealing and Expungement?
This is a critical distinction. Sealing a record hides it from public view, but the record still technically exists. Expungement, on the other hand, involves the complete removal of the record from official files. This is a more involved process and often requires an application to the court. Whether sealing or expungement occurs at age 18 depends entirely on the specific laws of your state or territory.
Are There Exceptions to Automatic Sealing at 18?
Yes, several situations might prevent your juvenile record from being automatically sealed at 18. These typically include:
- Serious offenses: Charges involving violent crimes, serious felonies, or certain sex offenses may not be sealed at 18 and may follow you into adulthood. The definition of "serious" varies from state to state.
- Subsequent adult offenses: If you've been convicted of an adult offense, it may affect the sealing of your juvenile record, even if you were 18 or older at the time of the adult offense.
- State-specific laws: Each state has its own laws regarding juvenile records, and these laws can differ significantly. Some states have no automatic sealing at 18, while others have more restrictive sealing policies.
How Can I Find Out About the Laws in My State?
The best way to determine what happens to your juvenile record at 18 is to contact the court clerk's office in your county or state's attorney general's office. They can provide information specific to your jurisdiction and the laws governing juvenile records. You may also wish to consult with a qualified attorney specializing in juvenile law.
Can I Get My Juvenile Record Expunged After 18?
Even if your record is sealed at 18, you may still be eligible to have it expunged later. This usually involves filing a petition with the court and demonstrating that you meet specific requirements. The requirements vary greatly by state, so it's essential to research the laws in your jurisdiction.
What Happens if My Juvenile Record Isn't Sealed or Expunged?
The impact of a non-sealed or non-expunged juvenile record can vary. Some employers may conduct background checks that reveal this information, potentially affecting your employment opportunities. Certain professional licensing boards may also consider juvenile records when making decisions.
In conclusion, the question of whether your record gets cleared at 18 is complex. While many jurisdictions have automatic sealing provisions, it is not a universal guarantee. Understanding the specific laws in your state or territory is crucial for knowing your rights and options. Always seek professional legal advice if you have concerns about your juvenile record.
