The question of whether your record gets cleared at 18 is complex and depends heavily on several factors. While there's a common misconception that all juvenile records are automatically sealed or expunged at age 18, this isn't universally true across all jurisdictions. Let's break down the intricacies of juvenile records and the process of expungement.
What Happens to Juvenile Records at 18?
The treatment of juvenile records at age 18 varies significantly by state and even sometimes by the specific offense. Some states automatically seal juvenile records upon reaching the age of majority (usually 18), meaning they are no longer publicly accessible. However, this doesn't necessarily mean the record is completely erased. Law enforcement and other authorized personnel might still have access.
Other states require a formal petition for expungement or sealing, even after turning 18. This process involves applying to a court to have the record sealed or destroyed. The requirements for expungement can vary greatly, depending on the nature of the offense, the individual's subsequent behavior, and other factors.
How Does Expungement Work?
Expungement is the legal process of removing a criminal record from public view. It doesn't erase the record's existence entirely, but it makes it inaccessible to most people, including potential employers, landlords, and even some background check services. The specifics of expungement laws differ from state to state. Some states offer automatic expungement after a certain period, while others require an application and court approval.
What About Certain Offenses?
Some serious offenses committed as a juvenile, even if the record would otherwise be sealed or expungement-eligible, might remain accessible to specific agencies or under certain circumstances. For instance, certain violent crimes or sex offenses may have different rules regarding access to records, regardless of age.
Can I Still Access My Juvenile Record?
Even if your juvenile record is sealed, you might still be able to access it. You typically have the right to obtain a copy of your own record, although the process might vary from state to state.
What Are the Differences Between Sealing and Expungement?
While both sealing and expungement aim to restrict access to a juvenile record, there are key differences. Sealing typically means the record remains in existence but is restricted from public access. Expungement, on the other hand, often involves the physical destruction or removal of the record.
What If I'm Applying for a Job or Housing?
The impact of a juvenile record on job or housing applications varies greatly depending on the state, the specific offense, and the employer or landlord's policies. Some employers and landlords conduct thorough background checks that might reveal sealed records. However, many understand the context of juvenile offenses and might not consider them heavily in their decision-making process.
Do I Need a Lawyer to Help With Expungement?
Navigating the expungement process can be complicated. Consulting with an attorney experienced in juvenile law is highly recommended, especially if you face complex circumstances or have questions about your specific situation. They can guide you through the process and ensure your rights are protected.
In conclusion: There's no single answer to whether your record gets cleared at 18. The rules vary dramatically by state and the specifics of your case. Understanding your state's laws and possibly seeking legal counsel is crucial if you wish to explore sealing or expungement of your juvenile record. This information is for general guidance only and should not substitute legal advice.
