Can a Juvenile Record Be Sealed in New York?

When your child faces a juvenile charge in New York, you may be faced with innumerable questions and concerns about their future. Fortunately, New York law provides options to seal certain juvenile records. We help you understand the criteria, processes, and legal impact of sealing juvenile records under state law in Queens, NY. With the support of a juvenile attorney, you can look forward to the future with confidence, trusting that your family’s future is in competent hands.

From a Juvenile Attorney in Queens, NY: Determining Whether or Not Juvenile Records Can Be Sealed

Understanding the Juvenile Justice System in New York

New York separates juvenile cases from adult criminal proceedings. If the offense occurred when the individual was between the ages of 7 and 18, the Family Court may have jurisdiction. These cases are considered juvenile delinquency matters, not criminal cases. 

This distinction influences how the record is treated and whether it is eligible for sealing. The objective is not punishment but rehabilitation. This is reflected in the legal avenues that may allow these records to be hidden from public view.

Determining If Records Are Automatically Sealed

Some juvenile records are sealed automatically under New York law. If your case is dismissed or the petition is withdrawn, the court seals the records without you having to take further action. This includes police reports and court files. 

Additionally, if the court finds the charges unfounded or the individual not responsible, the record will not follow the child into adulthood. You should keep copies of all related documentation, however, even when sealing is automatic.

Eligibility for Discretionary Sealing

When sealing is not automatic, you may petition the court to seal the records. A judge has discretion to grant sealing based on several factors, including behavior since the incident, the seriousness of the offense, and the need for confidentiality. If the court grants your request, it removes access from the public, potential employers, and most educational institutions.

Understanding Limitations and Exceptions to Sealing

You should understand that even sealed juvenile records may be accessible in certain legal contexts. For example, courts and law enforcement agencies may review them during future investigations or legal proceedings. Additionally, certain violent felonies and sex offenses are not eligible for sealing. 

Securing Legal Help

Relying on legal representation when petitioning to seal a record can go a long way. A skilled attorney helps you gather the necessary documents, draft the appropriate legal filings, and present a strong argument at the hearing. If the court denies your petition, you can appeal or reapply later with updated information. An attorney ensures that you follow every procedural step under New York law and improves your chances of success.

New York gives you the opportunity to seal a juvenile record under specific conditions, but you must meet legal standards and follow a structured process. Schedule a consultation with us today at The Law Offices of Joseph H. Nivin, P.C. in Queens and Forest Hill, NY to protect your child’s privacy and your family’s future.

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