If your juvenile record was sealed, serious driving offenses, such as DUI or reckless driving, are not typically sealed and may be available for law enforcement review.
What Does It Mean to Seal a Juvenile Record?
Sealing a juvenile record means that the record is preserved but usually made secure and inaccessible to the public. Therefore, sealing includes most driving offenses, except for criminal traffic offenses like DUI or reckless driving.
What Are the Key Differences Between Sealing and Expunction?
- Accessibility: Sealed records are unavailable to the public, but law enforcement agencies and certain government entities can still access them. Expunged records are generally destroyed or erased.
- Disclosure: Even if you have a sealed record, you may still need to disclose prior arrests under some circumstances. With an expunged record, you typically don't have to disclose the arrest.
- Eligibility: The eligibility criteria for sealing and expunction differ. Sealing might be an option in cases where adjudication was withheld, while an expunction is often reserved for cases dismissed or not brought to trial.
Driving Offenses and Juvenile Records
Some driving offenses, mainly those considered criminal offenses, may be recorded in the Department of Highway Safety and Motor Vehicles (DHSMV) database. This database is separate from a state's criminal history record system.
Talking to a DUI Lawyer
If you're a juvenile arrested for DUI, you need to work with a Miami DUI lawyer to make a more informed decision.
Automatic Expunction of Juvenile Records
Juvenile records are automatically expunged in many states when an individual turns 21. However, if a juvenile committed a serious crime or was classified as a habitual offender, their record might not be automatically expunged.
Key Points to Remember
- Sealing and expungement are ways to limit access to juvenile records, but they have different processes.
- While most driving offenses can be sealed, serious traffic offenses like DUI might not be eligible.
- Even if a juvenile record is sealed or expunged, certain driving offenses might still be visible in a state's motor vehicle database.
Typical Eligibility Requirements for Sealing a Juvenile Record
- No Adult Convictions or Juvenile Adjudications
- No Prior Record Sealing or Expungement
- No Disqualifying Offenses
- Completion of Rehabilitation and No Further Offenses
- No Current Court Supervision
- Automatic Sealing at Age 18 or 21: The individual must not have been imprisoned in an adult correctional facility, convicted of a serious felony, declared a habitual offender, charged with specified crimes after turning 18, or committed a sexual offense when very young.
Records NOT Eligible for Sealing:
- Records of juveniles who were adjudicated delinquent for any charge.
- Certain serious offenses, even if tried in juvenile court.
- Specific violent or sexual offenses considered a felony when committed by an adult.
How Does the Sealing Process Work?
The sealing process begins with filing a petition, followed by scheduling a hearing and getting the petition approved by a judge. It may take several months.
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