One of the first questions a parent often asks our juvenile attorneys is what will happen if their child is convicted of the criminal offense. Our response largely hinges on the grade of crime charged since this determines the severity of the penalties for a juvenile offense. The effect of a conviction is also a major concern and how you go about expungement or removal of the record is a common question. Our lawyers discuss how and what can be expunged on this page. If you would like to speak to a defense lawyer on our team about a juvenile charge in Monmouth County, Middlesex County, Ocean County, Union County, Mercer County or another vicinage in New Jersey, contact us at 855-450-8310. An attorney is available 24/7 to assist you and initial consultations are free of charge.
Expunging a Juvenile Conviction
As a general rule, the record of conviction for a juvenile offense is not subject to discovery. The reason is because all proceedings in the Juvenile Part of the Superior Court are “closed”. Nonetheless, individuals often want to have a conviction expunged so that any record of the proceedings is permanently eliminated. The headings below discuss the major aspects of expunging a juvenile record.
Offenses That Cannot Be Expunged. There are certain criminal offenses that cannot be expunged just like an adult even though the defendant is a juvenile. In this regard, a conviction for homicide, kidnapping, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, aggravated criminal sexual contact if the victim is a minor, criminal restraint, false imprisonment, robbery, aggravated arson, arson, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of a child or distribution of controlled dangerous substances and drugs other than marijuana or hashish.
Entire Record May Be Expunged. Unlike expungement of an adult record, there is no limitation on the number of disorderly persons offense or crimes that may be expunged from a juvenile record.
Waiting Period For Expungement. An individuals must wait five years from the date of the last juvenile conviction and completion of all supervision before his/her record is eligible to be expunged. During this five year period, the applicant must remain conviction free; in other words, the juvenile must go at least five years without a subsequent conviction in order to qualify for expungement.
Juvenile Diversion & Dismissed Complaints. There are instances where a juvenile charge is diverted so that a conviction is avoided or where the offense is dismissed. The related arrest is eligible for expungement immediately and without exception when this is the case.
Sealing of Juvenile Delinquency Proceedings
An alternative option for those who are ineligible for expungement is to have the record of juvenile proceedings sealed. Sealing a juvenile record is less thorough than expungement since it does not erase a juvenile’s contact with the system. A court order to inspect sealed records can be granted to anyone possessing a valid basis for the information. In contrast, expunged records may only be inspected by law enforcement officials and judges in instances where good cause and a compelling need is demonstrated.
Sealing a juvenile record is less difficult and involves satisfying two requirements. First, at least two years must have elapsed since completion of all supervision on the related juvenile offense. Second, the applicant must not have been convicted of a criminal or disorderly offense during the two year period immediately proceeding the petition to seal the juvenile record.
Juvenile Expungement Lawyers
If you would like to expunge a juvenile record in Hudson County, Morris County, Essex County, Somerset County, Passaic County or elsewhere in the state, the lawyers at The Law Offices of Jonathan F. Marshall have the skills you require. We are former prosecutors and highly knowledgeable NJ Juvenile Defense Lawyers who have been representing families like yours for over 100 years. To speak to an attorney at our firm anytime of day, call us at 855-450-8310. An attorney is ready to assist you immediately.
