Centerville Juvenile Crimes Attorney

Do Juvenile Crimes Stay on Your Record?

Many juvenile crimes in the state of Ohio will automatically be sealed, although this will depend on the specific circumstances surrounding the juvenile criminal offense. When a juvenile record is sealed, it is no longer a part of the main records of the court and is moved elsewhere.  If your record is sealed, you do not have to admit to the offense when applying for a job, apartment, or any other type of application that asks about prior crimes. Only government authorities will be able to view your record—to all other individuals or agencies it will be as if the offense never occurred. The following juvenile records are immediately sealed in the state of Ohio:

• When a minor is arrested for an offense but no charges are filed, the records will be sealed.
• If a minor is charged with underage drinking, but finishes all requirements associated with the diversion program, the records will be automatically sealed.
• When the case ends up in a dismissal following a trial, the records are sealed.
• If there are no outstanding charges at the time the juvenile becomes an adult, the records will be sealed.
• A child adjudicated as “unruly,” with no pending delinquency charges will have his or her record sealed at age 18.

The situations above result in mandatory sealing of juvenile records. In theory, all juvenile records are eligible to be sealed except for the criminal offenses of rape, murder, and aggravated murder. With these exceptions, the court will consider any application or motion that is made at least two years following your conditional discharge from the Department of Youth Services, or upon the termination of any order made by the juvenile court as it relates to your adjudication.

How Long Can I Expect a Juvenile Crime to Stay on My Record?

There is a difference between “sealing” a record and “expunging” a record. When a record is sealed, it still exists, but is hidden from public view and may still be seen—under limited circumstances—by the Courts, law enforcement, and the juvenile. When a record is expunged, all electronic and physical versions of the record are destroyed.

Once expunged, no record of the offense exists. In most cases, the people you would be concerned about—employers, landlords, credit bureaus, etc.—will be unable to see your sealed records, so there are few situations where expungement would be required. Even so, you might simply want the record gone forever, in all circumstances, and therefore might choose expungement.

If you were under 18 at the time of the offense, you must wait 6 months before applying to have your juvenile records sealed. Those over the age of 18 may apply at any time once the case is concluded. There must be no pending actions in juvenile court when applying to have a juvenile record sealed. Records that have been sealed are now eligible for expungement. If your offense is not eligible to be automatically sealed and you do not request that the record of the offense be sealed and expunged, it could stay on your criminal record forever.

Can My Juvenile Crime Be Expunged?

In Ohio, there is a two-step process for eliminating a juvenile delinquency record. First, the record must be sealed. Then, under ORC § 2151.358, expungement may be requested, removing the juvenile record from the court’s records. All sealed juvenile records are automatically expunged after five years or when the minor turns 23—whichever comes first.

So, if you took the appropriate steps to have your juvenile record sealed (or the courts automatically sealed it), the record will be automatically expunged after five years or when you turn 23. If you do not want to wait that long, you can apply to have a sealed record expunged. The process for expungement is similar to the process to have a record sealed:

• Once eligible, you will contact the Clerk of Courts at the juvenile court where your records are located.
• You will complete an application form, providing requested supporting documentation that details your work and school performance as well as other activities.
• The application for expungement must be filed with the clerk of courts, at which time the prosecutor’s office will be notified.
• If there is no objection by the prosecutor’s office, the court will then take into consideration your age at the time of the offense, as well as the nature of the offense.
• In some instances, a hearing may be set to gather further information.
• Your expungement will be granted, and your juvenile records will no longer exist.