When a juvenile is convicted of a crime, that conviction can ruin the rest of their lives. This is especially true if the juvenile offense they were convicted of was a strikable offense. In some cases the strike can be removed via expungement but not all. Keep reading to find out when it is not allowed and then contact Law Office of Michael L. Fell at (949) 585-9055 if you need a free legal consultation with an experienced juvenile crimes attorney.
It Depends on the Offense
Whether or not you can have a strike expunged depends on what the offense was. If the defendant was at least 14 years old, if the charge was a serious sex offense, and if the juvenile is required to register as a sex offender, then the strike cannot be removed. For every other type of strike, the juvenile in question can ask the court to expunge their strike but the court may not agree.
It is important to note when the judge seals the juvenile defendant’s record, it is not destroyed. It is still on file and can be used against the juvenile if they are convicted of a felony later in life.
Four Conditions Must Be Met for the Juvenile to Receive a Strike
Note that it is much harder for a juvenile to receive a strike than an adult offender. In order for a juvenile to have a strike added, they must have been at least 16 when they committed the offense, they must have been found fit to appear in court, the offense must have been a violent or otherwise serious felony, and the offender must have been adjudicated a ward of the court due to their serious or violent offense.
The Timeline for Juvenile Charge Expungement
When a juvenile is convicted and given an expungable strike, the juvenile must either be at least 18 and have completed his probation supervision, or at least 21 years old and have completed his supervision by the Division of Juvenile Justice. The judge then looks at the facts of the case to decide if it warrants expungement.
There Are Several Benefits of Sealing a Record
While it is true that a juvenile who has their record sealed could still have their conviction count against them if they are later convicted of a crim, there are still several advantages to have it sealed and expunged. First and foremost, when the record is expunged the defendant is able to legally say that they have no juvenile record.
Second, an employer cannot legally consider a juvenile offense when deciding whether or not to hire a person. In short, it gives the juvenile a chance to start over with a cleaner start. If you have been convicted of a juvenile offense, or a loved one has, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.