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getting juvenile records closed/expunged

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A

anniem

Guest
Is there a way to have a juvenile record closed or expunged after almost 30 years?

The crime ocurred in New York when this person was 14/15. She served 11 days in a juvenile detention center for not appearing at her court date. The original charge was attempted robbery.

She is now living in Texas, 43, a teacher and didn't know until recently that the crime is still on her record and kept her from getting a teaching job.

Does she need to hire an attorney or can she have this done herself? Can she do it from Texas or must she travel to New York?

Any help anyone can give would be greatly appreciated. Thank you.

Annie
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Article 720 S 720.35 Youthful offender adjudication; effect thereof; records.
1. A youthful offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate as a
disqualification of any person so adjudged to hold public office or
public employment or to receive any license granted by public authority
but shall be deemed a conviction only for the purposes of transfer of
supervision and custody pursuant to section two hundred fifty-nine-m of
the executive law.
2. Except where specifically required or permitted by statute or upon
specific authorization of the court, all official records and papers,
whether on file with the court, a police agency or the division of
criminal justice services, relating to a case involving a youth who has
been adjudicated a youthful offender, are confidential and may not be
made available to any person or public or private agency, other than an
institution to which such youth has been committed, the division of
parole and a probation department of this state that requires such
official records and papers for the purpose of carrying out duties
specifically authorized by law; provided, however, that information
regarding an order of protection or temporary order of protection issued
pursuant to section 530.12 of this chapter or a warrant issued in
connection therewith may be maintained on the statewide automated order
of protection and warrant registry established pursuant to section two
hundred twenty-one-a of the executive law during the period that such
order of protection or temporary order of protection is in full force
and effect or during which such warrant may be executed. Such
confidential information may be made available pursuant to law only for
purposes of adjudicating or enforcing such order of protection or
temporary order of protection.

Not every case can be expunged. Every state has its own requirements that have to be met before a criminal record can be expunged. Contrary to popular belief, records are not "sealed" automatically with the passage of time, but require the filing of a petition with the court requesting the expungement and stating the reasons you are requesting it and how you meet the criteria set by law. The procedure can take between three months to almost a year depending upon the Court and the severity of the case. The fees are usually very reasonable, in the neighborhood of $2,000 to $2,500.00, and include research, filing fees, the drafting of the Petition, and any Court appearances. If you are not versed in this area of law, or feel you cannot handle this even with doing your own legal research, a criminal defense attorney would be able to do this for you.

Some states have laws that say any juvenile true finding is not a conviction. In those states, true findings would not be convictions for employment purposes. Check with a local attorney as to the laws.

 
A

anniem

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
...
Some states have laws that say any juvenile true finding is not a conviction. In those states, true findings would not be convictions for employment purposes. Check with a local attorney as to the laws.
<HR></BLOCKQUOTE>

Thanks lawrat, I appreciate the help.

Annie
 

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