Ohio
JUVENILE ATTORNEY
Charges · Arrest · Defense
· Justice
Akron
Criminal Defense Lawyer
Juvenile
Court is very different than
adult court. When a juvenile is accused of a crime
it is considered an act of "delinquency" and requires
juvenile court intervention to deal with this delinquency.
Juvenile courts have their own special rules and
procedures. For example, there are no jury trials in juvenile
court and juveniles may not be released on bail.
Juvenile courts handle cases involving children between
the ages of 10 and 18. However in cases involving a serious
felony or violence, the
court may decide to send the juvenile to adult court and
try him as an adult. The decision to try the juvenile as
an adult is left up to the judge and the prosecutor.
The intent of the juvenile justice system
is rehabilitation as opposed to punishment in an effort
to make the juvenile a well-adjusted and productive member
of society. Juvenile court is generally lenient on first-time
offenders as long as it is not a serious charge. The punishment
for non-serious charges for first-time offenders is generally
a fine and some community service.
What are the Consequences for Juvenile Crimes?
The consequences for juvenile crimes will depend
on the seriousness of the crime and the background of the
offender. The consequences include fines, treatment programs,
detention, home arrest (electronic monitoring), formal/informal
probation, community service, graffiti clean-up, camp, and
incarceration.
Do I Need an Attorney?
A juvenile charged with a crime may obtain a lawyer at any
stage of his/her case. Juveniles have a right to represent
themselves but it is often a bad idea to do so. If you are
charged with a minor infraction and the worst-case scenario
involves a fine then chances are you do not need an attorney.
If however you are charged with a more serious crime then
speaking to a lawyer is a necessity.
Sealing Juvenile Records
Akron , Ohio Sealing Juvenile Record Lawyer
The
Law Office of Edward C. Weber in Akron, Ohio handles the
sealing of Juvenile Records for clients throughout
Akron.
WHAT IS A JUVENILE RECORD?
If
you have committed a juvenile crime, a juvenile record is
all the papers and orders by the judge in your juvenile
court file, and papers relating to your case that are kept
by law enforcement agencies, such as the police department
or probation department.
WHAT IS JUVENILE CRIME?
Juvenile crime is applicable to persons not old enough to
be held responsible for criminal acts, which includes crimes
committed by minors under the age of 18. These crimes can
include shoplifting, DUI/DWI, drug charges, robbery, vandalism,
truancy, manslaughter, murder, arson, kidnapping, petty
theft, assault and battery, or other criminal matters.
WHY SHOULD YOU SEAL A JUVENILE RECORD?
A juvenile crime on your record can affect your ability
to get a job, go to the college of your choice, or even
apply for graduate, medical or law school. If you have a
matter on your juvenile record, you need to have those records
sealed so that you can move on with your life. Sealing your
juvenile record allows you to start adulthood on a "clean
slate".
WHAT DOES IT MEAN TO SEAL YOUR JUVENILE RECORDS?
Any
juvenile records held by the police, the court, the district
attorney, and the probation department will be closed and
destroyed. These proceedings will be treated as if they
never occurred. If there is an inquiry made regarding your
juvenile record, the law requires these agencies to answer
that they have no record of this matter. Legally, this means
that you were not adjudicated and not even arrested (Note:
a juvenile delinquency adjudication is NOT a criminal conviction,
therefore, if you are ever asked if you were convicted of
a crime, you can truthfully answer "No"). You
are authorized by law to say you have never been convicted.
IS THE SEALING PROCESS AUTOMATIC?
No,
unless your records are being sealed through a procedure
called "DEJ" (Deferred Entry of Judgment). Otherwise,
your records will not be sealed unless you file a petition
with the court.
Deferred Entry of Judgment means that you have admitted
your charges but once you complete the program satisfactorily,
the judge will dismiss your charges. The charges and the
accompanying arrest will be held as if they never occurred,
and your juvenile charges will automatically be sealed.
WHO IS ELIGIBLE TO GET THEIR JUVENILE RECORDS SEALED?
- If
you are at least 18 years old, or if you are younger
than 18 but five years have passed since your last arrest
or discharge from probation.
- You
have not been convicted of a felony or misdemeanor involving
moral turpitude since your last arrest or probation
discharge.
- You
can prove to the court that you have been "rehabilitated."
- Your
case started and ended in juvenile court.
- You
don't have an open civil suit regarding the actions
on your juvenile record.
ARE ALL JUVENILE RECORDS SEALABLE?
Certain
juvenile records are not sealable. These include the more
serious crimes such as murder, arson, robbery, assault with
a deadly weapon, certain gun charges, car jacking and all
violent felonies. The general rule is that if you were convicted
of an offense listed in Section 707(b) of the Welfare and
Institutions Code and you were 14 years of age or older
at time of the conviction then your juvenile record cannot
be sealed.
WHAT IS THE PROCESS FOR SEALING A JUVENILE RECORD?
Juvenile records are not automatically sealed when you turn
18 years of age. Your records will not be sealed unless
you file a petition with the court. After this petition
is filed, the court holds a hearing to determine if your
juvenile record can be sealed. Once these records are sealed,
they will be destroyed after five years.Your records will
not be sealed unless you file a petition with the court
or hire an attorney to do so.
CAN YOUR JUVENILE RECORD BE UNSEALED?
Generally,
once you go through the process of sealing a juvenile record,
they cannot be unsealed. However, insurance companies are
permitted by the DMV (Department of Motor Vehicles) to look
at these records to determine your insurance rates based
on any motor vehicle violations. If you sue someone for
defamation of character, these records may be opened. Also,
your records can be unsealed to increase your sentence if
you commit a crime under the "Three Strikes" law.
CONTACT A Ohio CRIMINAL DEFENSE LAWYER TO SEAL A JUVENILE
RECORD
If
you need help sealing a juvenile record, you should consult
an experienced Akron juvenile crime defense attorney to
help you with the process of sealing your records. Edward
C. Weber & Associates have the knowledge and the legal
expertise to get your juvenile record sealed. Our attorneys
can prepare all the necessary legal paperwork, prepare you
for court, and represent you before the juvenile court judge.
Contact us
today for a free consultation.