We all make mistakes in our youth, but having those records sealed and then expunged can keep those youthful lapses of judgment from following your child the rest of their life. That being said, however, there are three convictions that cannot be expunged or sealed from a juvenile record. Those are rape, murder and aggravated murder.
Sealing the record is when the juvenile file is removed from the court’s main section of records and placed in a separate location that is only accessible by the juvenile court. Expunging the record is when the juvenile file is destroyed or deleted, and is permanently gone from the court’s records.
Sealing Records
You may request that juvenile records be sealed six months after any order by the court in relation to adjudication terminates; or unconditional discharge from Department of Youth Services or other facility in relation to dispositional order; or the court enters a sex offender declassification order.
In the following instances the court automatically seals these types of records, but it is prudent to check to be sure the action has been taken:
- When there is an arrest, but no complaint is filed
- When a youth is charged with underage drinking, but then successfully completes a diversion program
- When the court dismisses the complaint after a trial on the merits or finds the person not to be a delinquent or unruly child, or a juvenile traffic offender
The court wants to see that your child has been satisfactorily rehabilitated. The court will look at the child’s age, the nature of the case, his or her education and employment history, any unruly or criminal behavior and other pertinent circumstances. If the prosecuting attorney in your child’s case has no objections, the record will be sealed. If the prosecuting attorney does object, a hearing may be scheduled. The effect of having the record sealed is that it is as if the proceedings never occurred, and the young person can respond that no record exists. The record is also sealed in every office that had contact with the case, however, in limited circumstances the record can be accessed by the court.
Expunging Records
The court expunges all records five years after they are sealed or when the youth turns 23, whichever comes first. At the court’s discretion, the court may require a youth to apply to have records expunged. In this instance the court will consider expunging records if the court is satisfied that the youth is rehabilitated (under similar circumstances for sealing records) and the prosecuting attorney has not objections. If there are objections, a hearing may be scheduled. The effect of expunging the record is that the record no longer exists.
Need an Expungement Lawyer Columbus, Ohio?
Youthful indiscretion can be opportunities for learning valuable, lifelong lessons. If your child has faced these circumstances it is important for their future that you take the steps needed to be sure the record is sealed and ultimately expunged. The skilled, trusted legal representation Probst Law Office offers the help you need to be sure mistakes don’t color the rest of his or her life. Get the experience that you need and deserve when you hire Michael Probst as your attorney. Contact Michael today for your free consultation, or call now at 614-232-8890.