What You Need to Know About Criminal Records and Turning 18
A court can clear an individual’s juvenile criminal record. Here’s everything you need to know about whether your criminal record clears when you turn 18.
Individuals should not assume all states will automatically expunge (erase) or seal their criminal records when they turn 18. Differing state laws require different processes, complicating the issue of clearing juvenile records. Additionally, once a court expunges or “clears” a juvenile record, it is not necessarily completely gone.
What Are the Different Methods of Handling Juvenile Records?
Expungement
Expungement is the destruction of information or records from sources like computers or files. Although most states permit the expungement of criminal records, various jurisdictions have different approaches. Expungement often involves the permanent destruction of records. Some states require the physical destruction of these materials, while others require sealing and destruction. Although some states use expungement and sealing interchangeably, the factor of permanent deletion distinguishes expungement.
States do not expunge all crimes. Often, states bar the most severe offenses (murder, rape, assault with a deadly weapon, etc) from expungement. States are more likely to expunge juvenile offenses and lesser offenses such as lower-level misdemeanors.
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Sealing Records
Courts can seal records, preventing public access to certain information. Although different states have varying laws, states commonly seal criminal records by blocking them from everyone other than specific individuals, agencies, and the court system.
Confidentiality
Confidentiality laws block the circulation and use of juvenile records. Some state laws allow access under certain circumstances (for example, if information from this youth’s record would protect national security). Notably, confidentiality laws are not fully comprehensive – in many states, schools can still access these juvenile records.
Can All Juvenile Criminal Court and Police Records Get Clear?
In addition to court records, juvenile records can also include information such as fingerprints and DNA, which come from police documentation. Some states expunge both a juvenile’s court and police records, while others only expunge the former. In certain states, youths can petition to expunge all of this information.
What Steps Do You Need to Take to Clear Your Criminal Record?
1. Look at your state’s specific laws on clearing criminal records.
As mentioned previously, clearing a criminal record depends on each state’s laws. In many states, becoming a legal adult at 18 does not correspond with an automatic erasure of the individual’s criminal record. Certain states like Wyoming will only grant an expungement or sealing if the individual submits a petition and the court rules this individual shows signs of rehabilitation.
Not everyone qualifies to clear their criminal records. States like Illinois will only seal juvenile records once the individual is 18 or 21 or if they do not commit another unlawful act within five years of the initial wrongdoing. Individuals seeking to clear their criminal records should check their state laws to see if they are eligible.
2. Consider seeking out professional legal help.
Clearing a criminal record is a complex process that varies across states. Contacting a lawyer can help an individual determine their eligibility for expungement and sealing of records in their state. Lawyers can also assist in finding and filing the required paperwork for this process. Additionally, attorneys can represent youths and other individuals in court if necessary.
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3. If necessary in your state, petition the court to expunge your juvenile criminal record.
A petition is a written application an individual makes to a court. Petitions request the court to carry out a judicial action (in this case, clearing a criminal record). The court reviews the expungement petition before deciding whether to accept the request or not.
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