Can a Criminal Defense Lawyer Help with Expunging Juvenile Records in New York?
Contents
Can a Criminal Defense Lawyer Help with Expunging Juvenile Records in New York?
Introduction
If you or your child has a juvenile criminal record in New York, you may be wondering if it’s possible to get that record sealed or expunged. The good news is that in many cases, juvenile records can be sealed, giving you a fresh start without the burden of a criminal history following you into adulthood. However, the process of sealing juvenile records in New York can be complex. That’s where our experienced criminal defense attorneys at Spodek Law Group come in. With our help, we can guide you through the juvenile record sealing process and improve your chances of success.
What Are Juvenile Records in New York?
First, it’s important to understand what qualifies as a juvenile record in New York. In general, a juvenile record includes criminal charges and convictions that occurred before the age of 16. These records are typically handled in Family Court rather than adult criminal court. There are a few different categories of juvenile records in New York:
- Juvenile Delinquent: If you were under age 16 and convicted of a crime that would be a misdemeanor if committed by an adult, you may have been adjudicated as a juvenile delinquent. These records are usually automatically sealed.
- Youthful Offender: 16, 17 and 18 year olds who commit crimes may be adjudicated as a Youthful Offender in adult criminal court. Like juvenile delinquency records, these are usually sealed automatically.
- Juvenile Offender: For very serious felonies, 13-15 year olds may be tried as adults in criminal court and deemed juvenile offenders. These records usually cannot be sealed.
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As you can see, most juvenile records are sealed automatically in New York, with the exception of Juvenile Offender cases involving serious felonies. However, mistakes happen, and sometimes juvenile records that should be sealed are left open. That’s where petitioning the court to seal the record comes in.
The Impact of a Juvenile Record
You may be wondering, how much does a juvenile record really matter? The truth is, while juvenile records are not as publicly accessible as adult criminal records, they can still have a major impact on your life. Juvenile records may still show up on background checks for things like employment, housing, higher education, financial aid, and military service.Having a juvenile record can make it harder to get a job, rent an apartment, get into college, or enlist in the armed forces. It can also impact your ability to obtain professional licenses or work with children. While you may not have to disclose a sealed juvenile record in most situations, some exceptions exist, such as when applying for jobs in law enforcement.The bottom line is that the consequences of a juvenile record can follow you well into adulthood, making it harder to move forward with your life. That’s why it’s so important to explore your options for sealing juvenile records with the help of a knowledgeable attorney.
Sealing Juvenile Records in New York
So how does the juvenile record sealing process work in New York? The first step is determining eligibility. As mentioned above, many juvenile records are automatically sealed once the case is closed. However, if the record was not sealed for some reason, you may need to file a motion in court to have it sealed.To be eligible for sealing, you must be at least 16 years old. If you are filing to seal a Juvenile Delinquency record, you can file the motion in Family Court. For Youthful Offender records, you would need to file in the adult Criminal Court that handled your case.The sealing process involves submitting a formal motion or petition to the court, along with supporting documentation. You must serve a copy of the motion on the District Attorney’s office that prosecuted your case. The DA’s office has the right to object to the sealing.Some factors the court may consider when deciding whether to grant the sealing include:
- The amount of time that has passed since the offense
- The seriousness of the offense
- Your age and maturity at the time of the offense
- Your overall criminal history
- Evidence of rehabilitation, such as employment, schooling, or community involvement
If the court approves your motion, the record will be sealed. A sealed record is treated as though the arrest and prosecution never occurred. In most cases, you do not have to disclose a sealed record, and it should not show up on background checks (with a few exceptions).
How a Criminal Defense Lawyer Can Help
Sealing a juvenile record in New York is a complex process with a lot of paperwork involved. The forms and procedures can be confusing and overwhelming, especially if you have never dealt with the legal system before. Any mistakes or omissions in your paperwork can lead to a denial of your sealing request.That’s where hiring an experienced criminal defense lawyer can make all the difference. At Spodek Law Group, our attorneys have helped many clients successfully seal their juvenile records. We understand the juvenile justice system in New York and the record sealing process inside and out.Here are some of the ways our criminal defense lawyers can assist with sealing your juvenile record:
- Determine your eligibility for sealing. We can review the details of your case and criminal history to confirm whether you are eligible to have your juvenile record sealed.
- Prepare and file the necessary paperwork. Sealing a juvenile record involves submitting a formal motion or petition to the court, along with supporting documentation. We can handle all the paperwork for you, making sure everything is filled out accurately and completely.
- Serve the District Attorney. For your sealing request to move forward, the DA’s office that prosecuted your case must be formally served a copy of the motion. We can take care of serving the DA for you.
- Appear in court on your behalf. In most cases, you will not need to appear in court for a juvenile record sealing. We can appear before the judge to argue in favor of sealing your record.
- Provide supporting evidence and testimony. To give you the best chance of success, we can help gather evidence of your rehabilitation, including proof of employment, schooling, volunteer work, and character references. We can also provide testimony to the court on your behalf.
- Protect your rights. We will make sure your rights are protected throughout the sealing process and that you are treated fairly by the court system.
Our goal is to make the juvenile record sealing process as smooth and stress-free as possible for you. With our help, you can put your past mistakes behind you and move forward with a clean slate.
Conclusion
A juvenile criminal record can be a major obstacle to moving forward with your life, even years down the road. But you don’t have to let youthful mistakes define your future. In New York, many juvenile records can be sealed, giving you a fresh start.If you or your child has a juvenile record in New York, don’t try to navigate the complex sealing process on your own. The experienced criminal defense lawyers at Spodek Law Group are here to help. We have a track record of success in getting juvenile records sealed for our clients.Don’t let a juvenile record hold you back any longer. Contact the Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation with one of our skilled attorneys. We’ll review your case, advise you of your options, and guide you through every step of the juvenile record sealing process. With our help, you can put your past behind you and build a brighter future.