If your child was charged as a juvenile offender, it is possible to have his or her court record expunged. Having a crime remain on record can present a disadvantage to individuals as it is typically required to divulge this information to potential landlords, employers, and licensing agencies, which can affect one’s chances at gainful employment or obtaining a suitable residence.
Here is what you need to know about clearing your child’s record:
In North Carolina, a juvenile’s record does not automatically disappear after a certain amount of time, or even once he or she reaches the age of 18. While it is possible for the record to be expunged when he or she turns 16 or 18, it depends on how the case was resolved. If a juvenile is eligible for expunction, he or she will be able to assert in the future that the incident never occurred. This means, when applying for jobs, college, or loans, it will not be necessary to mention the charges. To expunge a juvenile record, the following criteria must be met:
- In cases where the juvenile petition was dismissed, the charge will be expunged once the juvenile reaches the age of 16.
- In cases where the juvenile was adjudicated delinquent, the charge can be expunged when the juvenile reaches the age of 18 if:
- He or she has exhibited good behavior since adjudication
- The offense would not have been classified as an A-E felony if it were committed by an adult
- At least 18 months passed since the juvenile was released from court jurisdiction
- The juvenile has not been convicted of any subsequent crimes other than a traffic violation
Unlike some states, which make juvenile records readily available and accessible to the public, North Carolina provides limited access. Additionally, sealed records are only viewable if a court order is provided.
Raleigh Criminal Defense Attorneys
At Sandman, Finn & Fitzhugh, it is our priority to ensure you have the best defense possible, which is why we are dedicated to fighting for your rights. We strive to have a positive impact on your life by finding creative solutions to protect your future. As former prosecutors and former Assistant District Attorneys in Wake County, our legal team has unique insight into how cases work from the other side of the aisle, which we will put to use for your benefit.
Contact our firm today at (919) 887-8040 to schedule a free initial consultation with one of our fierce legal advocates. Your freedom is important, so trust a seasoned legal professional.