Are juvenile records automatically erased (expunged)?
No. A person must petition the court if he or she wants their juvenile records erased; otherwise the records will remain on file permanently. Such records often come up when the child is later arrested as an adult for another crime. Records may be expunged upon court order under any one of the following circumstances: The original delinquency petition was dismissed or not proven true. Six months have passed following the successful completion of the terms of a consent decree. Five years have passed since the child has been discharged from the court’s supervision and no other charges have been filed or are pending. In addition, the court may order expungement, with the agreement of the district attorney, if the child is 18 or older. To make this decision, the court must weigh the following factors: • The type of offense • The age and criminal/juvenile history The adverse consequences to the child if the records are not expunged (such as the inability to enter an educational/vocational p
