If you or your child has a juvenile offense on record, you might think that it will automatically go away at a certain point, but even after you reach the age of 18, the offense will remain on record, though they are generally kept confidential unless requested by others, such as a potential employer. However, this does not mean you have to live with a juvenile offense on your record for the rest of your life. It simply means you will have to take action to expunge or seal it.
Expunging or Sealing a Juvenile Record
Whether or not a juvenile offense can be cleared will depend on a variety of factors. First, it is important to note that not all Colorado juvenile records can be expunged. Eligibility depends on:
- If you were found not guilty at trial.
- If, after one year, you were issued a ticket or arrested, but further action was not taken or you completed a juvenile diversion program or informal adjustment.
- If, after four years, the court terminated jurisdiction, or you were unconditionally released from commitment to the department of human services, or you were unconditionally released from parole.
You are not eligible to petition for an expungement if the one of the following applies:
- You were adjudicated for an offense that involved unlawful sexual behavior.
- You were adjudicated as an aggravated juvenile offender.
- You were adjudicated for an offense that would have been a crime of violence had it been committed by an adult.
- You were charged by the direct filing of an indictment or information in district court as a juvenile where you received an adult sentence.
The Record Does Not Get Shredded
Remember, if your case does get expunged, it does not get thrown into the trash. It essentially means that it is hidden from the public. After expungement, if you apply for a job and are questioned about having a criminal record, you can claim that your record is clean since it will be inaccessible to the public. That said, it will still be available to any judge or probation department for use in a future adult sentencing hearing.
Denver Juvenile Crimes Defense Attorney
If your child has a juvenile offense on his or her record, you need a skilled attorney to fight to have it expunged to ensure a brighter future. At the Law Offices of David L. Owen, Jr., P.C., I am committed to doing everything legally possible to assist your child. I offer same-day appointments and am available on weekends and evenings by request.Contact my office today at (303) 622-3281 to schedule a free consultation.