Juvenile Cases
Juvenile court operates similarly to adult court but
there are differences you need to know about.
First, if you have a child in juvenile court, it is
extremely important that the case be kept there, even
though it can be more restrictive in some ways. For
instance, incarcerated minors do not have the right
to bail. However, juvenile court takes a far more creative
approach to punishment than adult court. The juvenile
court can take into account factors such as the need
for schooling, the home environment, and other social
realities.
This office often works with the extended family to
obtain a resolution that is in the best interest of
the minor and of his family.
If you are under 18 you are a minor in the eyes of the
California justice system and any crimes you commit
will be a part of your juvenile record. Your juvenile
record is available to the public and is made available
to various California law enforcement agencies, such
as county probation departments. Crimes typically committed
by juveniles include: shoplifting, drug possession or
drug distribution, battery (fighting in school), petty
theft, gang-related crime, arson, and vandalism. Please
note that a conviction under a juvenile delinquency
adjudication is not to be confused with a criminal conviction.
Sealing Juvenile Records
Having a juvenile criminal record may prevent you from
getting a job, going to college, or applying to graduate
school. A juvenile record may block your ability to
work for the government. The Law Offices of Douglas
Slain is experienced with expungements and the sealing
of juvenile records.
Government agencies may elect not to hire you or not
allow you to perform government work as an independent
contractor. Sealing your juvenile record means you can
move on in your life, allowing you to start adulthood
with a clean slate.
Who is Eligible?
Your juvenile record can be sealed if:
- You are 18 or older
- You have not committed additional crimes involving moral
turpitude, such as those involving drugs or sex
- You have no open civil suits against you directly related
to your juvenile record's charges.
- Your juvenile case has finished its way through the
system (nothing pending)
- The court believes you have been rehabilitated
Juvenile records cannot be sealed for convictions of
violent felonies, such as murder, robbery, arson, car
jacking, and assault with a deadly weapon. If you were
14 or older at the time of your conviction for one of
these crimes, your juvenile record cannot be sealed.
Juvenile records are not automatically sealed when
you turn 18.
If you would like to have your juvenile record sealed,
you will need to file a petition in the correct county's
Superior Court. A hearing will be held to determine
if the record can be sealed. Five years after the record
is sealed, the entire file is physically destroyed.
Who can unseal your juvenile record?
- A defendant in a civil law suit where you have claimed
“defamation of character”
- Insurance companies if your record relates to motor
vehicle violations
- A District Attorney, if you commit a crime that qualifies
as a “strike” crime under California’s
three-strikes law
It is usually worth the trouble and money to get your
juvenile record sealed. This means that when you are
asked “Have you ever been convicted of a crime?”
you can truthfully answer “No” no matter
how serious your record as a minor was.
Registrable California Juvenile Offenses
Contact the Law Offices of Douglas
Slain, to retain a criminal defense attorney.
|
