Month: October 2014

Can I Expunge My Juvenile Criminal Record?

Yes

Can I Expunge My Juvenile Criminal Record?

What happens to a youth offender’s juvenile court record when the youth becomes an adult?  The answer is complex and requires explanation:

Offenses committed by youth offenders are usually handled in juvenile court, in most cases criminal charges that occurred prior to the age of 21.

It is important to note that even as an adult the  juvenile court record does not simply disappear. Youth offenders who wish to have their juvenile court records removed must follow a complicated and exacting process.  Provided int the Utah Juvenile Court Act.

Pursuant to the Utah Juvenile Court Act, 78a-6-1105 however, not all offenses can be expunged. For example, a juvenile court record with an adjudication of aggravated murder or murder may not be expunged.  See. U.S.C. Sec. 78-6a-1105(5).

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To qualify for expungement for juvenile offenses, a youth offender must meet certain criteria.   The offender is qualified to petition for expungement only if he or she is 18 years of age and at least one year has passed from the date the juvenile court terminated jurisdiction; or, if the youth was committed to a secure youth corrections facility, from the date of the youth’s release from the custody of the Division of Juvenile Justice Services. See Juvenile Court Act, 78a-6-1105.

A person petitioning for expungement of a juvenile court record must do the following:

  1.  Obtain a criminal history report from the Bureau of Criminal Identification and include the report with the petition.
  2.  The person must include in the petition agencies known or alleged to have documents related to the offense for which the person seeks expungement.
  3.  Send a copy of the petition to the county or district attorney, and a victim can request notice of such a petition.
  4.  It should be noted that a person may meet all of the above criteria and yet stillnotqualify for expungement. The petitioner must go before the court to demonstrate that expungement of his or her juvenile court record is appropriate.

See Juvenile Court Act, 78a-6-1105.

The court must determine whether the petitioner has been rehabilitated to the court’s satisfaction. The court takes into account:  (a) the petitioner’s response to programs and treatment, (b) behavior after adjudication, and (c) the nature and seriousness of the conduct.

The court may not grant the petition, if after the juvenile court terminates its jurisdiction or the person has been released from Juvenile Justice Services: (i) the petitioner has been convicted of a felony or a misdemeanor involving moral turpitude, or (ii) there is a felony or misdemeanor proceeding pending or being instituted against the person, or (iii) a judgment for restitution on the offense for which the expungement is sought remains unresolved.

If the court grants an expungement, the proceedings in the youth offender’s case are considered never to have happened.  See Juvenile Court Act, 78a-6-1105.

The process is complicated, and a youth offender may not qualify for expungement, or a court may deny the petition.  Contact and speak with our experienced attorneys with Stevens & Gailey, P.C. for a free consultation on how to proceed on your juvenile expungement.

Can I Expunge My Juvenile Criminal Record?

Cautions with Facebook

Cautions with Facebook

Cautions with Facebook

With the seeming omnipresence of Facebook sharing and the abundance of high-quality mobile phone cameras, it’s easier than ever for parents to choke the Internet with pictures.

Here are five reasons (including a few legal ones) that you may want to keep baby pics off your Facebook account:

Cautions with Facebook
Cautions with Facebook
  1.  Your baby pictures could be used/viewed as child pornography. In some rare instances, you may actually be accused of producing child pornography: That happened to a Utah couple after a photo lab worker reported pictures of the father kissing his naked baby to police. The charges were eventually dropped, but the couple was still deported following the incident.
  2.  Potential misappropriation for commercial purposes.Pictures of your children online can easily be copied and used for unwanted purposes that you may never know about. Immoral bloggers and website owners may find and use images of your cute baby for their own commercial gain without your permission.
  3.  The Internet rarely forgets.Although many websites, Facebook included, offer users the options of deleting old posts, sometimes it’s too late.  Even if you later decide to delete your baby’s pictures from Facebook, other users may have already saved or posted the image. The image may have also been cached or stored elsewhere without your knowledge.
  4.  Your baby pic could turn into a viral meme.A less likely, but no less regrettable, risk is that a particularly cute or funny picture of your child could become a meme — an image that spreads throughout the Internet via user posting. While for Internet aficionados this may be desirable, your child may not appreciate being Internet-famous for a baby photo later in life.
  5.  Overshare overload.Keeping baby pictures off of Facebook may not only be a good choice for you and your child, but it may also spare your friends and colleagues from baby picture overload.

Cautions with Facebook