If your juvenile record was sealed, serious driving offenses, such as DUI or reckless driving, are not typically sealed and may be available for law enforcement review.
What Does It Mean to Seal a Juvenile Record?
Sealing a juvenile record means that the record is preserved but usually made secure and inaccessible to the public. Therefore, sealing includes most driving offenses, except for criminal traffic offenses like DUI or reckless driving.
What Are the Key Differences Between Sealing and Expunction?
Sealing a juvenile record is a process that makes a juvenile offender’s record inaccessible to the general public.
While both sealing and expunction limit access to records, they have key differences:
- Accessibility: Sealed records are unavailable to the public, but law enforcement agencies and certain government entities can still access them. Sometimes, the public may access sealed records through law enforcement officials. On the other hand, expunged records are generally destroyed or erased and are inaccessible – even with a court order.
- Disclosure: Even if you have a sealed record, you may still need to disclose prior arrests under some circumstances. For example, if you apply for a job at a public school, you may have to disclose the arrest. With an expunged record, you typically don’t have to disclose the arrest.
- Eligibility: The eligibility criteria for sealing and expunction also differ. Sealing might be an option in cases where adjudication was withheld, while an expunction is often reserved for cases dismissed or not brought to trial.
Driving Offenses and Juvenile Records
Some driving offenses, mainly those considered criminal offenses, may be recorded in Florida, for example, in the Department of Highway Safety and Motor Vehicles (DHSMV) or DMV database in other states. This database is separate from a state’s criminal history record system.
Therefore, even if your criminal record is sealed or expunged, certain driving offenses might still be visible on your driving record. For instance, this information is included in Florida’s DHSMV database, even when a record is sealed.
Talking to a DUI Lawyer
If you’re a juvenile arrested for DUI, you need to learn more about your rights regarding sealing or expunction. You need to work with a Miami DUI lawyer to make a more informed decision. They can guide you and explain your rights.
Automatic Expunction of Juvenile Records
Juvenile records are automatically expunged in many states when an individual turns 21. However, there are exceptions. If a juvenile committed a serious crime or was classified as a habitual offender, their record might not be automatically expunged and remain open to public access.
Key Points to Remember
- Sealing and expungement are ways to limit access to juvenile records, but they have different processes, eligibility requirements, and outcomes.
- While most driving offenses can be sealed, serious traffic offenses like DUI might not be eligible.
- Even if a juvenile record is sealed or expunged, certain driving offenses might still be visible in a state’s motor vehicle database.
- As previously noted, most juvenile records are automatically expunged at age 21, but serious offenses or habitual offender status can prevent automatic expunction. In Florida, more serious crimes are automatically expunged when the juvenile offender turns 26.
What are the Typical Eligibility Requirements for Sealing a Juvenile Record?
The process of sealing juvenile records is meant to provide a fresh start for people who committed offenses as minors. Your record may or may not be sealed, depending on your case. Therefore, young people who commit to law-abiding behaviors can seal their records.
Usually, to have your record sealed, you must meet the following criteria:
- No Adult Convictions or Juvenile Adjudications: Applicants must not have been convicted as an adult or adjudicated delinquent as a juvenile for criminal behavior. Crimes may include criminal traffic offenses such as reckless driving or DUI.
- No Prior Record Sealing or Expungement: You must not have already sealed or expunged a record.
- No Disqualifying Offenses: An offense must not be one of the disqualifying crimes listed in a state’s statutes, even if the court does not proceed with adjudication. Violent crimes or sexual offenses may be deemed ineligible for sealing due to their serious nature and potential for recidivism or repeat behavior.
- Completion of Rehabilitation and No Further Offenses: You must complete court-ordered rehab, such as community service, while avoiding arrest. This behavior demonstrates a commitment to reform and a willingness to comply with court-ordered rehabilitation.
- No Current Court Supervision: Anyone wishing to seal their records should have fulfilled their legal obligations. That means you shouldn’t currently have a case on the books.
- Automatic Sealing at Age 18 or 21: Additional requirements apply for automatic sealing at age 18 or 21. The individual must not have been:
- Imprisoned in an adult correctional facility
- Convicted of a serious felony
- Declared a habitual offender
- Charged with specified crimes after turning 18
- Committed a sexual offense when very young.
The above prohibitions for automatic sealing are designed to prevent an offender with a history of severe or violent offenses from having their records automatically sealed.
Records NOT Eligible for Sealing:
- Records of juveniles who were adjudicated delinquent for any charge.
- Certain serious offenses, even if tried in juvenile court.
- Specific violent or sexual offenses are considered a felony when committed by an adult.
States that don’t have automatic sealing or expunction allow qualified applicants to apply for sealing or expunction. Sometimes, the record is automatically sealed two years after a case is closed. You’ll need to speak with a local defense attorney skilled in sealings and expunctions to determine how they apply to you.
Basically, How Does the Sealing Process Work?
The sealing process for juvenile records involves several steps and considerations. Sealing begins with filing a petition, followed by scheduling a hearing and getting the petition approved by a judge. It may take several months, so you’ll need to ensure you’re legally represented.
Speak to Defense Lawyer About Your Juvenile Traffic Offense Today: Learn More About Keeping Your Record Private
Are you a juvenile arrested for DUI? Perhaps you’re a parent whose teen has been stopped for DUI or reckless driving. If so, you must speak to a DUI lawyer or traffic attorney. Turn an unsettling situation into a more positive outcome. Seek legal help and guidance immediately.