When a teenager or child breaks the law, they may face arrest and prosecution just like an adult might. However, the legal process is vastly different when a defendant is tried as a juvenile, rather than a legal adult. The juvenile justice system in Virginia focuses on rehabilitation rather than punishment. The goal is to help young people learn from their mistakes and acquire the resources necessary to pursue a brighter future.
Unfortunately, the record of a prior criminal offense can hold someone back from enjoying the best life possible. In many cases, the record of a prior criminal offense follows someone for the rest of their life. The rules are different for juvenile offenders. Does the state automatically seal the records of teams convicted of crimes?
Some records are eligible for sealing
Typically, juvenile defendants can expect the state to feel records related to minor Criminal infractions. While the records may be available for certain types of searches, the Virginia State Police usually cannot disclose juvenile records to outside authorities. Permissible reasons to disclose juvenile offenses include when the defendant later applies to work in law enforcement. Outside of highly-specific scenarios, the Virginia State Police should not disclose minor records of juvenile offenses.
However, there is a crucial exception to that rule. If the offense that led to juvenile prosecution would be a felony in adult criminal court, then the record may remain accessible to the public for the rest of the young adult’s life. The same is true of cases where the state tries a minor as an adult. Those records could potentially affect everything from their financial aid opportunities if they go to college to their ability to secure certain jobs.
Avoiding a finding of delinquency is often the best bet
When the courts determine that a juvenile defendant violated the law, they declare that they have found the juvenile defendant delinquent. The defendant then faces disposition, which the adult courts call sentencing. They may face detention followed by aftercare, which the courts call jail/prison and parole for adult defendants.
Avoiding a finding of delinquency requires a successful defense against the state’s accusations. Young adults usually rely on their parents to provide them with guidance and to assist them in acquiring legal representation. With the right help, it is sometimes possible to avoid a finding of delinquency and the consequences that a juvenile record might generate. Learning more about Virginia’s approach to criminal justice can benefit those accused of crimes and the parents of young adults who are facing charges.
