juvenile services lawyer requested all of my past court records why

by Mr. Wayne Hintz II 5 min read

Who has access to the records of a juvenile?

How do I answer “no record” for a juvenile case?

Can a juvenile record be sealed at 18?

Oct 18, 2021 · Confidentiality of Juvenile Court Records. The primary goal of the juvenile justice system is to rehabilitate a juvenile, rather than to punish them. This distinguishes juvenile courts from adult criminal courts and results in different rules for court records. To shield juveniles from a social and professional stigma, these records usually are ...

Do lawyers prolong cases in juvenile court?

What is the most common disposition for juveniles adjudicated delinquent?

Probation for
Probation for Juvenile Offenders

Probation has been called the "workhorse" of the juvenile justice system -- according to the Office of Juvenile Justice and Delinquency Prevention, probation is the most common disposition in juvenile cases that receive a juvenile court sanction.

Are juvenile records public in California?

In California, juvenile criminal records are sealed and inaccessible by the general public according to California Rule of Court 5.552, and Welfare and Institution Code section 827.

What is an 827 petition?

Overview. WIC 827 is the code section, which discusses juvenile case file inspection, confidentiality and release of records. WIC 827 defines which entities are authorized to have CWS information. There are times when a party requesting CWS records has to file an 827 petition with the Juvenile Court.Apr 12, 2019

Are juvenile records public in Florida?

Juvenile records are never accessible to the general public and can only be viewed and copied by the juvenile, the juvenile's attorney, the juvenile's parent or guardian, and a select list of law enforcement and government agencies. (section 985.045(2), Florida Statutes).

Does California automatically expunge juvenile records?

The California State Legislature amended Section 786 of the Welfare and Institutions Code which now allows for juvenile records to be sealed automatically after the case is dismissed. Upon satisfactory completion of the probation terms, the court will dismiss the juvenile's case.Jan 25, 2018

How long does a juvenile felony last?

Juvenile charges will not likely stay on your record permanently. If no charges were filed and just an arrest was made for a juvenile charge, this can be expunged from the record automatically after 10 years without having to petition, given that he or she remains out of legal trouble during that time.Nov 21, 2017

What is California Welfare and Institutions Code?

Welfare and Institutions Code: The range of issues addressed in this Code includes services relating to welfare, dependent children, mental health, handicapped, elderly, delinquency, foster care, Medi-Cal, food stamps, rehabilitation, and long-term care, just to name a few.

Does Florida expunge juvenile records?

Under Florida Statute 943.0515, juvenile records possessed by law enforcement are automatically expunged when the juvenile turns 24 so long as the juvenile case(s) were dismissed or a withhold of adjudication was received. Once automatically expunged, the criminal records will no longer appear on a background check.

How long do misdemeanors stay on your record in Florida?

If you have been convicted of a misdemeanor in the State of Florida, it is going to stay on your record forever unless you are able to have the conviction overturned.Nov 4, 2021

How long can a juvenile be detained in Florida?

Youth appear before the court within 24 hours of being taken into custody, at which time the juvenile judge determines whether there is a need for continued detention. Generally there is a 21-day limit to secure detention, but those charged with serious offenses can be held up to 30 days.

Can juvenile records be used in sentencing?

Some states authorize courts to consider the juvenile offenses of adult criminal defendants during sentencing hearings relating to later crimes. States may limit the use of juvenile records in this context—for example, allowing consideration of violent juvenile offenses only. (For more on factors that increase sentences, ...

Is juvenile record confidential?

Exceptions to the confidentiality of juvenile records vary across the states and from state to federal court, and depend on the circumstances. Laws and procedures can also change. For a more comprehensive overview of juvenile-record confidentiality, consult an attorney experienced in juvenile law.

Is juvenile criminal record accessible?

Under certain circumstances, juvenile criminal records may even be accessible to the general public. As juvenile crime has increased and become more violent, policy makers have had to balance between competing interests: the interests of the community and juveniles' privacy.

What is the right of confrontation in criminal cases?

In part, the right of confrontation allows a defendant to introduce evidence of a witness's motive to lie. If a witness testifying against a defendant is a juvenile, the defendant may be able to access the juvenile's criminal record and at trial introduce evidence relating to it. For instance, the criminal record may show that the juvenile has a motive to lie in exchange for leniency. However, the defense typically needs to establish that the juvenile committed serious acts of delinquency that are related to the juvenile's testimony. Moreover, prior to disclosing a juvenile's records, courts scrutinize them to make sure to reveal only relevant information. (For information on a defendant's right to information, see Discovery. Also see Investigating a Criminal Case .)

What is the right of confrontation?

In part, the right of confrontation allows a defendant to introduce evidence of a witness's motive to lie. If a witness testifying against a defendant is a juvenile, the defendant may be able to access the juvenile's criminal record and at trial introduce evidence relating to it. For instance, the criminal record may show ...

Who can access juvenile records?

In most situations, access to these records is limited to the parents or guardians of the juvenile, law enforcement, school authorities, and attorneys for the juvenile or government agencies. Child protective services also may be able to view the records. Sometimes a research organization can get permission to view them.

When are juvenile records sealed?

Most Records Are Not Sealed at Age 18. Contrary to popular belief, it is not true that most juvenile records are automatically sealed at the age of 18. Therefore, juvenile record confidentiality rules may apply well into an individual’s adulthood.

What is the primary goal of juvenile justice?

The primary goal of the juvenile justice system is to rehabilitate a juvenile, rather than to punish them. This distinguishes juvenile courts from adult criminal courts and results in different rules for court records. To shield juveniles from a social and professional stigma, these records usually are kept confidential, ...

Is juvenile court record public?

This distinguishes juvenile courts from adult criminal courts and results in different rules for court records. To shield juveniles from a social and professional stigma, these records usually are kept confidential, whereas records in adult criminal courts are public.

Is a juvenile's record kept confidential?

To shield juveniles from a social and professional stigma, these records usually are kept confidential, whereas records in adult criminal courts are public. In most situations, access to these records is limited to the parents or guardians of the juvenile, law enforcement, school authorities, and attorneys for the juvenile or government agencies.

Is juvenile crime serious?

Unfortunately, juvenile crime has started to become both more widespread and more serious in recent years. This may trigger the safety interests of the community and a right to know about the dangers posed by a juvenile. Legislatures and courts may need to balance the public right to know against the juvenile’s right to privacy, which can be vital to their rehabilitation. If parts of a case file need to be released for public access, a court may order that certain private information in the file be redacted (struck out). Sometimes this will include the juvenile’s name.

What happens if a juvenile is a witness?

If a juvenile is a witness in a court proceeding, the confidentiality of their juvenile records may be broken. Under the Confrontation Clause of the U.S. Constitution, a defendant has a right to confront someone who is accusing them of a crime. They also have a right to cross-examine an accuser and try to establish a bias that might undermine the credibility of the accuser. As part of this effort, the defendant may be granted access to the juvenile’s record so that they can use parts of it as evidence. This may help them show that the juvenile has a reason to lie to help the prosecution. For example, perhaps the juvenile agreed to testify in exchange for receiving lesser penalties in juvenile court.

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Is a juvenile record confidential?

Time for Change: State & Federal Legislative Reform. Juvenile records are not necessarily confidential. Some states keep records out of public view, while other states have no protections and allow anyone to access a juvenile record.

Do juvenile records disappear?

In addition, most states don’t automatically expunge (destroy or erase) juvenile records, and juvenile records do not automatically disappear when a child turns 18.

What happens when a juvenile is arrested?

When a child is arrested or charged in juvenile court, a juvenile record is created that will follow them for years—regardless of the outcome of their case. Access to juvenile records by schools, colleges, and employers can severely limit a young person’s future opportunities. The unintended consequences of a record—including increased risk ...

What is the Juvenile Law Center?

Juvenile Law Center is a national leader on records issues. We work with public defenders, prosecutors, policymakers, and other stakeholders to eliminate the harms caused by juvenile records—because when children thrive, communities thrive.

How many times more likely are black people to be arrested than white people?

Black youth are five times more likely to be arrested and incarcerated than their white peers. Juvenile records perpetuate the mass incarceration of people of color and can trap youth, families, and communities in cycles of poverty.

How do I get a copy of my juvenile record?

It is easy to get a copy of your juvenile record. There is no fee to get a copy of your juvenile record.

Who can see my juvenile record?

Massachusetts Juvenile Court delinquency hearings and files at the courthouse are not open to the public. Juvenile records are much more protected than adult criminal records. Even when your juvenile records are not sealed, you can answer “no record” as to any juvenile case that was not transferred to Superior Court for prosecution.

When can I seal my juvenile records?

A Juvenile Court case can be sealed if your case is closed for at least 3 years, but only if:

How do I seal my juvenile records in Massachusetts?

After the juvenile record is old enough, you can seal it by filling out the same Petition to Seal form used to seal adult convictions. The difference is you check off box “1” for juvenile cases and sign the part of the form that goes with box “1.”

How to get juvenile records?

Hello, The best way to get your juvenile records is to go to the Family Court in which the case occurred and go to the clerk's office and request them.

When do juvenile records get sealed?

Juvenile records get sealed upon the person's 16th birthday. You would need to contact the clerk of court's office in your local county to try to get your juvenile records.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.