Are Juvenile Records Sealed?

In the Augusta-Richmond County metropolitan area, teens are “adjudicated delinquent” rather than convicted of crimes. Although they’re not convicted of a crime, being adjudicated delinquent can still cause issues down the road for a young person’s educational prospects, ability to rent housing, job prospects, and more. Having a juvenile record sealed can protect a teen, but it’s not an automatic process.

Are Juvenile Records Sealed?

Juvenile records are eligible to be sealed, and it’s more likely that a juvenile can have their records sealed than an adult. But there are rules and procedures that have to be followed to get it done.

The Rules of Sealing Records

A juvenile’s record can be sealed automatically only if the court dismisses the petition against them or if the case is handled within an adjustment rather than by finding the juvenile adjudicated delinquent. If the young person is adjudicated delinquent, then they will have to file an application to have the record sealed, and certain conditions have to be met.

To be eligible, the young person must be two years past their final discharge of supervision. Since the discharge, they must not have been:

• Convicted of a felony
• Adjudicated delinquent again
• Been convicted of a misdemeanor involving “moral turpitude.” 

Moral turpitude is a somewhat subjective concept, but it basically means an act that is contrary to community standards of honesty and good morals.

In addition to the above, there cannot be a pending action against the young person seeking to have their records sealed. The court must also determine to its satisfaction that the young person has been rehabilitated, and ultimately this is up to the discretion of the judge.

How to Request Records Be Sealed

1. Talk With a Lawyer and Prepare a Petition

It’s always best to have a lawyer’s help in preparing a petition. A lawyer will understand all the laws and know what the courts are looking for to determine if a young person can be considered rehabilitated. In addition, a lawyer will make sure that all paperwork is properly filed and accurate and represent the family in court.

2. Attend a Hearing

Once the court receives the petition, it will set a hearing date and give notice to the prosecuting attorney, any law enforcement agencies that were involved with the young person’s records, the authority that granted them discharge, and the Georgia Department of Juvenile Justice. Any or all of these entities may be present for the hearing. At the hearing, the judge is likely to ask questions of the young person and the family, listen to any objections by the prosecutor, and review all the evidence about the young person’s conduct since discharge.

Contact an Augusta-Richmond County Metropolitan Area Juvenile Law Attorney Right Away

The best way to present a strong case for why your teen’s record should be sealed is with the help of an experienced attorney. Talk with us today at Davis, Chapman, & Wilder for help anywhere in the Augusta-Richmond County metropolitan area.

Posted in Uncategorized | No Comments »