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Juvenile Law FAQ

Juvenile Law

Q. Can juveniles be charged with serious crimes?
A. Yes, they can be charged with felonies and misdemeanors as well as traffic violations. Although the penalties are not as severe as in adult criminal and traffic courts, a juvenile should be represented by counsel to assure that s/he has the best possible defense.

Q. What is the difference between expungement and sealing the record for a juvenile?
A. If certain conditions are met, a juvenile's record can be either expunged or sealed.

Expungement is a process available to any juvenile and is used when a juvenile has been arrested for being delinquent, unruly or a juvenile traffic offender and one of the following occurs:
a. The charge is dismissed
b. The juvenile is found Not Guilty after a trial

Once the expungement order is issued, the offense is deemed to never to have occurred, and the juvenile may accurately report that "no record exists" as to the charge.

Sealing the record is a process available to juveniles who have been found to be delinquent, unruly or a juvenile traffic offender, except for those juvenile who have been adjudicated delinquent by reason of any of the following:
a. Aggravated murder or murder
b. Rape
c. Sexual Battery
d. Gross Sexual Imposition

This process cannot take place until two (2) years have passed after the termination of all orders issued by the Court, and the juvenile has not received any new charges during the two year period in Juvenile Court or adult criminal court. The juvenile must not have an active driver's license suspension and must not owe any fines or costs to the Court. Other restrictions may also apply.

Q. Does Juvenile Court also decide parenting issues, custody, and visitation?
A. Yes, Juvenile Court can decide these issues. An experienced attorney will know whether to file a complaint in Juvenile Court or Domestic Relations Court for these issues to be determined.



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