Last Updated on September 6, 2022
The question of whether your record will clear when you turn eighteen often arises when you get a job. In the US, it is possible for government agencies to check any person’s criminal record, even if they are a juvenile. In some cases, however, the records of juveniles are sealed. In these cases, a person can apply for an expungement. Read on to learn about the steps to clear your record after turning eighteen.
Legal implications of having a criminal record as a young person
A person’s criminal record can have a lasting impact on the life of their children, ranging from their mental development and education to their welfare and opportunities for employment. Having a criminal record as a young person is even more common than it is among other age groups, with nearly 33 million to 36.5 million children born to parents with a criminal history. In fact, it is estimated that almost half of all children born to parents with criminal histories will never have the chance to succeed in life.
Even though juvenile records were once considered sealed, they can now be unsealed, and the collateral consequences of this act can be far-reaching. Not only can a criminal record harm a child’s opportunities in the future, but it can also hinder their financial aid applications for college. It can even impede their ability to enter the military. And it can even limit their eligibility for family and public housing. While some states have laws protecting juvenile records from haunting them into adulthood, others have not done so.
Fortunately, more policymakers are realizing the dire need to address these collateral consequences of a criminal record in young people. Today, there are several policy solutions that aim to reduce the collateral consequences of a criminal record. Young adults must be able to overcome the hurdles they face once they finish their sentence. In the meantime, young people should not be left with the burden of a criminal record – and this is not fair.
The most obvious consequences of a criminal conviction are the difficulties you face in securing employment. Many employers run background checks on prospective employees and may not offer employment to someone with a criminal record. This can be especially troublesome if the job you are applying for has direct contact with children. So if you are young and unemployed, it is vital to consider the legal implications of having a criminal record in your life.
One such solution is to make it easier for people with criminal records to find jobs and obtain professional licenses. This would reduce the likelihood of recidivism, as young people don’t fully develop their brain until their early twenties. Furthermore, a criminal record will hamper your future opportunities, even after you finish your sentence. You might be prevented from achieving a successful career, and the criminal record will be a major setback in your life.
Expungement laws
Once you turn 18, you can apply to have your criminal record expunged. The requirements to do so vary by state. If you have committed a misdemeanor or felony, you may wait up to ten years before applying to have your record expunged. If you have been convicted of a non-violent crime, you will likely have to wait five years to be eligible.
Expungement laws when you turn 18 vary by state, so you’ll need to check the laws in your own state to find out which ones apply to you. Many states limit which offenses qualify. These include violent crimes, homicide, and sex offenses. However, there are certain situations where you may still be convicted of a nonviolent crime and be barred from applying. Expungement laws are not applicable to information on social media, newspapers, or private databases.
Generally, a criminal record can be expunged after five years, unless the conviction is a misdemeanor or a violent crime. However, there are certain exceptions, including sexual offenses and felonies with deadly weapons. If you’ve completed your sentence and waited for at least five years, you should be able to apply for an expungement. For a non-violent first offender, the wait period can be shortened to five years.
You can also apply for a partial expungement if you were convicted of a non-felony crime in the last five years. These laws usually require a DNA sample to be sent to a lab for testing and must have been free of any financial obligations during the last five years. Expungement can take years to complete, so be patient and do not get cocky about the process.
If you were convicted of a crime while you were a minor, you can apply for an expungement if you were a victim of human trafficking. You must have been under 18 years old at the time of the offense. You must prove that you were the victim of human trafficking or that you were coerced into committing the crime. The prosecutor must be notified of your application. The court will decide whether to expunge your conviction or not.
Some states, such as Illinois, have passed laws that allow for the expungement of juvenile records. Expungement laws when you turn 18 are often confusing and cumbersome. Juvenile criminal records are often not informed of their options. Only a prosecutor or judge can initiate the process. Fortunately, legislative changes are making the process much easier. Some states have even made automatic sealing and expungement laws.
Requirements for sealing a juvenile record
Before you can apply for the seal of a juvenile record, you must be at least eighteen years of age. You cannot have committed crimes that qualify as crimes of moral turpitude. Examples of crimes that qualify are fraud, sex, or drug offenses. Additionally, you cannot have been convicted of a violent felony. The court will require that the person be rehabilitated, which may be difficult if you don’t have a support system.
Once you reach the age of 18, you can apply for the seal of a juvenile record. You must have completed the court application process and provide documentation. If your record is sealed, the only people who will be able to access it are other juvenile court officials and prosecutors. However, if the court finds that the information contained in the record is false or inaccurate, the records will be available to the public.
Sealing a juvenile record once you reach the age of eighteen is possible if you have successfully completed probation. If you are found not guilty in a juvenile court, the judge will automatically dismiss the charges and order the record to be sealed. A judge must grant the seal to the record, and the order usually stipulates a date by which the records will be destroyed. However, if you failed probation and were still under 18 at the time, you must apply for sealing of a juvenile record after you turn 18.
Expungement is another option. If you have been convicted of a serious crime while you were a juvenile, you can petition the court to have the record expunged. This process involves filling out an expungement petition form and paying a fee. In some states, a court must also notify the people who may have had contact with you while you were a minor.
Having a juvenile criminal record isn’t something to take lightly. Even if you turn 18 without a criminal record, you might face serious consequences in your adulthood. Depending on the nature of your crime, your record will prevent you from getting financial aid for higher education, joining the military, obtaining certain licensed professions, and even applying for public housing. Ultimately, your juvenile criminal record can prevent you from finding the perfect job.
If you can meet these requirements, you can apply to seal your juvenile record. You must also submit an application to the court where you were convicted of the most serious crime. If the District Attorney objects, he or she will hold a hearing, and if both sides have presented adequate evidence, the judge will issue a decision. Whether the sealing of your record is a good idea depends on the state of public safety, trust, and respect for the law.
About The Author
Fernánda Esteban is a food fanatic. She can't go more than a few hours without eating, and she loves trying new foods from all over the world. Her friends know that they can always count on her for a good conversation, and she's an animal lover who will never turn down an opportunity to pet a dog or cat. Fernánda also enjoys learning about random facts, and she's a social media practitioner who loves to share what she knows with others.