When Kids Get Arrested: What Every Adult Should Know

7. Will the Juvenile Record Go Away When the Child Becomes an Adult?

83 7 Will the Juvenile Record Go Away When the Child Becomes an Adult? TOP TIPS 1. The record will not automatically go away when the child becomes an adult. Filing an expungement motion is usually necessary. 2. There are many long-term future consequences to a juvenile record. 3. Know what you are getting into before you admit to the charges or accept a deal from the prosecutor One of the most common myths about juvenile court is that the child’s record becomes clean when he turns eighteen. This is not true. In most cases, the juvenile record will follow the child unless he has completed an expungement process. An expungement is when an arrest is erased from a person’s criminal record. In order to get an expungement the following steps have to be followed: 1. The child must first be eligible for an expungement (see table 7.1). 2. The child must file an expungement motion with the court. 3. The judge must grant the expungement motion. A judge can decide to hold a hearing in order to decide whether to grant the motion. WHEN WILL THE CHILD BE ELIGIBLE FOR AN EXPUNGEMENT? The answer to this question completely depends on the circumstances of the case. If the child was found not guilty or if the case was dismissed, in most states the child will be immediately eligible for an expungement. However, if the child admitted to some charges, even if she only got probation, she may have to wait for a certain number of years before filing, or she may never be eligible. In some states, adjudications of delinquency for certain crimes are not eligible for expungement. Ever. You may need a lawyer to help you with this process. See table 7.1 to help determine if your child will be eligible for expungement. 84 THE JUVENILE JUSTICE PROCESS TABLE 7.1 Will the Child Be Eligible for an Expungement? Source: National Center for Juvenile Justice, “Sealing/Expungement/ Destruction of Juvenile Court Records: Case Dismissed, Diverted or Informally Adjusted,” NCJJ Snapshot 10, no. 8 (August 2005). Yes • If the child is found not guilty of all charges • If the child has charges dismissed • If the child successfully completes a diversionary program Maybe • If the child was adjudicated delinquent of a nonserious charge • If the child successfully completed a probation or treatment program • If the child has no new arrests Probably Not • If the child is found guilty (adjudicated delinquent) for a serious offense, such as: – crime of violence – unlawful sexual behavior – arson, burglary – weapons offense – kidnapping • If the child has many juvenile adjudications • If the child has new arrests • If the child demonstrates poor conduct when completing probation or treatment program IF THE CHILD GETS JUVENILE PROBATION AND IS APPLYING FOR A JOB, DOES HE HAVE SAY HE WAS CONVICTED OF A CRIME ON THE APPLICATION? Although professionals differ on this point, technically, a child found guilty in juvenile court is not “convicted”—he is an “adjudicated delinquent.” So a child could say, “No, I was never convicted of a crime.” However, if the employer then finds out that the child did have a juvenile record and was found guilty of a juvenile crime and chose not to reveal that, the employer may think the juvenile was lying. Again, this is why it is important to get an expungement if possible. ONCE THE CHILD GETS AN EXPUNGEMENT, WILL THE JUVENILE RECORD SHOW UP WHEN SHE APPLIES FOR A JOB? Once a person goes through the expungement process, it should not show up when she applies for a job. Let’s say for example that your child (who was previously arrested) is now eighteen and is applying for a job. If she successfully completed the expungement process she doesn’t need to disclose that she was arrested, because the expungement should have removed the arrest from her record. Note, though, that in this age of technology, even if a child goes through the expungement process, the arrest may not be permanently erased for all purposes. The record may still be found by certain government agencies, including law enforcement and the criminal courts. In some legal proceedings, such as during sentencing for any crimes committed after an expungement, or in immigration/deportation proceedings, an expunged conviction may still be considered as proof of a prior conviction. IF THE CHILD IS NOT ELIGIBLE FOR AN EXPUNGEMENT...