If your under 14 and you receive a felony does that go away after you turn 18 and pay the fine?

Question

My boyfriend needs to know the answer because awhile back (ten yrs ago- hes now 22) committed a crime (Arson) and now has a felony. it happened when he was 12. hes trying to join the Military(Navy), and he doesnt know if he can get in now. He paid off his restitution, and after he paid it they said give it acouple days and it should be cleared. well since it was clear, he signed up for the navy, and now hes screwed with a felony still. his recrutier said that Juvenille doesnt matter.... well- now it does matter. i was just wondering IF HE CAN HAVE IT EXSPUNGED, HOW LONG IT WILL TAKE TO CLEAR, AND WHERE DOES HE GO TO TAKE CARE OF THAT?

Answer 1

I do believe you need to get an attorney to go into court to present the case to the judge or magistrate and that is how it gets expunged.  It is not done automatically.  At least not in my state.

but if you go to court and you have stayed out of trouble and you are now an adult...it is usually expunged.  

Have him  call the Bar Association(in the yellow pages) and ask them first too...they will let you know the laws for your state.

You can also google the laws for your state concerning the policy for expunging records as a juvenile and you should find something that way too.  But it is better to get an attorney.

Each state is different...so those that say it can't be expunged it is true in their state....but it isn't necessarily in YOUR state.

I worked with Juvenile court for 16 years so I know what happens here...but do not know where you are

Answer 2

He should call the prosecutors office and advise them that it is still on his record.  Ask what he needs to do to have it sealed.   Unless he was charged as an adult (unlikely) in most states juvenile records are sealed when a person turns 18.  He might have to petition the juvenile court to seal it.

Answer 3

It erases after you turn 18..Tell him not to worry.

Answer 4

This is my understanding on how it works.  Once you turn 18, you have to request to the courts that your record be sealed.  HOWEVER, if you have a felony, it will NOT be sealed.  So, it would appear that your boyfriend is going to have to live with this on his record for the rest of his life!

Answer 5

Your juvenile record NEVER gets erased.  What typically happens is that when you turn 18 your record goes into a state called Restricted Access.  This basically means that only certain people or agencies can see your record.  So, police departments and Courts could easily see your juvenile record.  To make it where not even the Courts nor the police department can access your records you need to have your records Sealed.  Sealed is different than Restricted Access because sealed means that no one can look at it, without a Court Order.

Usually, Restricted Access is automatic when you turn 18, but getting your record sealed requires you to write to the Court, that dealt with the case, and ask them to seal your records.  Without requesting that your records are sealed, they WILL NOT be sealed and certain agencies will still be able to see them.

So, in response to the first blogger, your record is never erased.  It will be there forever for anyone with the proper credentials or with a Court Order to see.

The process of getting your record sealed can take 1-2 months, but does not usually require you to go to Court.  Your boyfriend will need to call the Court that dealt with his case and inquire as to what he needs to do.