The process of expunging a criminal record is complicated and will vary depending on the circumstances involved, such as the age of the juvenile in discussion.
Our legal team at Brockton D. We can personally evaluate your situation to determine what type of action is necessary and what options are available. Contact us today to see how we can help!
By Brockton D. However, these procedures can be confusing and cumbersome, and in many instances, the young person is never notified if, when or how the record can be expunged. In some states, a juvenile has no power to initiate the sealing process because sealing or expungement can only occur at the direction of the prosecutor or judge.
A recent legislative trend is to make it easier for young people by providing for automatic sealing or expungement of juvenile records, meaning the records are sealed or expunged without any action on the part of the youth. State Action. These laws vary widely in terms of when and which records are automatically sealed or expunged. New Mexico law, on the other hand, requires that records be automatically sealed when the case is discharged.
The law applies to court and law enforcement records for all offenses. Illinois passed legislation in requiring the Department of State Police to automatically expunge law enforcement records when offenders reach age 18 if the crime committed was a low-level offense and the young person has not been arrested in the last six months.
Sealing vs. Expunging Records Sealing and expunging are two distinctly different options in the legal world, though states often only allow one or the other.
States' Approaches In recent years, many state legislatures have been trying to make it easier for young people by automatically sealing or expunging all juvenile records. Multisystemic Therapy MST is an alternative to incarceration that treats at-risk youth and families in their homes, schools, and communities.
For more information, click here. Subscribe to Blog. Recent Posts. FAQ Careers. Remember, if your case does get expunged, it does not get thrown into the trash. It essentially means that it is hidden from the public. After expungement, if you apply for a job and are questioned about having a criminal record, you can claim that your record is clean since it will be inaccessible to the public.
That said, it will still be available to any judge or probation department for use in a future adult sentencing hearing. If your child has a juvenile offense on his or her record, you need a skilled attorney to fight to have it expunged to ensure a brighter future.
At the Law Offices of David L. Owen, Jr.
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