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Expunging Juvenile Records 

Many people have their youthful indiscretions, but not all of them resulted in arrests or criminal charges. The state of Florida understands that minors should not have their entire lives tarnished by errors in judgment they made during their formative years.

As a result, most juvenile criminal history records are automatically expunged (erased) when the offenders turn 24 or 26 years old, depending on the nature of the criminal charge. However, these records can have a tremendous impact on the lives of juvenile offenders in many ways before they are automatically expunged, including difficulty in obtaining financial aid, housing, or employment.

Melbourne Juvenile Record Expunction Lawyer

If you or your child needs help in having a juvenile criminal record sealed or expunged, it is in your best interest to seek the help of legal counsel. The Law Offices of James B. Coulter provides assistance in these matters for clients all over Central Florida.

Our Brevard County juvenile record expungement attorney not only helpsalleged juvenile offenders get the most favorable outcomes to their criminal cases, but we also fight to keep records clean so they can move on with their lives. You can have our firm review your case during a free consultation by calling (321) 586-9944 today.


Florida Expunging Juvenile Records Information Center


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Types of Juvenile Record Expunctions in Brevard County

There are essentially three ways that juvenile offenders can have their records expunged in Florida.

Automatic Expunction

Under Florida Statute § 943.0515, the Criminal Justice Information Program of the Florida Department of Law Enforcement (FDLE) retains the criminal history record of a minor who is classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison for five years after the date he or she reaches 21 years of age. If the minor is not classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison, the record will be retained for five years after the date he or she reaches 19 years of age. When the former reaches 26 years of age or the latter reaches 24 years of age, the records are expunged.

However, if a person 18 years of age or older is charged with or convicted of a forcible felony and the person’s criminal history record as a minor has not yet been destroyed, then his or her record as a minor is merged with his or her adult criminal history record and must be retained as a part of that adult record.

Administrative Expunction

Florida Statute § 943.0581 allows for adults or the parents or legal guardians of minor children to apply to the FDLE for the administrative expunction of any nonjudicial record of an arrest made contrary to law or by mistake. This application needs to be supported by the endorsement of the head of the arresting agency or his or her designee or the state attorney of the judicial circuit in which the arrest occurred or his or her designee.

Prearrest, Postarrest, or Teen Court Diversion Program Expunction

This process established under Florida Statute § 943.0582 allows for the expunction of any nonjudicial record of the arrest of a minor who has successfully completed a prearrest, postarrest, or teen court diversion program for minors. A person whose record is expunged under this process can lawfully deny or fail to acknowledge the arrest and the charge covered by the expunged record, although that record can be made available to criminal justice agencies for the purpose of determining eligibility for any subsequent prearrest, postarrest, or teen court diversion programs, when the record is sought as part of a criminal investigation, or when the subject of the record is a candidate for employment with a criminal justice agency.


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Juvenile Record Expunction Process in Florida

Juvenile offenders can have their criminal records sealed or expunged before they turn 24 years of age. However, it is important to remember that Floridians only get one chance to seal or expunge their records, so it is highly recommended to consult an experienced lawyer about both the best time to move forward with an expunction and for help in completing all necessary paperwork.

If a juvenile offender has a withhold of adjudication for an adult charge or a withholding of delinquency for a juvenile charge, then he or she file a petition with the Brevard County Clerk of Courts. This will require the following steps:

  • Fill out a Certification of Eligibility;
  • Have the Certification of Eligibility signed by the State Attorney where the crime was committed or the statewide prosecutor;
  • Obtain a certified copy of the disposition of your case that should be sealed;
  • Be fingerprinted by authorized law enforcement personnel or another criminal justice agency;
  • Submit the completed Certificate of Eligibility and fingerprints to FDLE; and
  • So long as there are no objections, the State Attorney’s Office sends the paperwork to the Clerk’s Juvenile Division office to have a judge in the Juvenile Court approve the request to seal or expunge the record.

After receiving the judge’s order, the Juvenile Division of the Brevard County Clerk of Courts, the FDLE, and the arresting agency will all delete the charge from their databases, meaning the record is no longer accessible to anyone.


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Brevard County Disqualifying Charges for Juvenile Record Expunction

Not all juvenile offenders will have their records automatically sealed or expunged. People who are over 18 years old and charged with forcible felonies before their juvenile records are destroyed, minors under 18 years old who are adjudicated as an adult for forcible felonies, and minors adjudicated as sexual offenders all have their juvenile records merged with their adult criminal records. A forcible felony is defined under Florida Statute § 776.08 as including:

  • Aggravated assault;
  • Aggravated battery;
  • Aggravated stalking;
  • Aircraft piracy;
  • Arson;
  • Burglary;
  • Carjacking;
  • Home-invasion robbery;
  • Kidnapping;
  • Manslaughter;
  • Murder;
  • Robbery;
  • Sexual battery;
  • Treason;
  • Unlawful throwing, placing, or discharging of a destructive device or bomb; or
  • Any other felony which involves the use or threat of physical force or violence against any individual.

Additionally, any request for Certification of Eligibility for an expunction or sealing of a criminal history record will be denied when a juvenile offender was found guilty or pled guilty or nolo contendere for any of the following violations:

  • Abuse of an elderly person or disabled adult;
  • Aggravated abuse of an elderly person or disabled adult;
  • Aggravated assault;
  • Aggravated battery;
  • Aggravated child abuse;
  • Aggravated stalking;
  • Aircraft piracy;
  • Arson;
  • Burglary of a dwelling;
  • Carjacking;
  • Child abuse;
  • Computer pornography;
  • Domestic violence;
  • Home-invasion robbery;
  • Homicide;
  • Illegal use of explosives;
  • Kidnapping;
  • Lewd or lascivious offense upon or in the presence of elderly person or disabled adult;
  • Lewd, lascivious, or indecent assault or act upon, or in the presence of a child under the age of 16 years;
  • Luring or enticing a child;
  • Manslaughter;
  • Manufacturing any substance in violation of Florida Comprehensive Drug Abuse Prevention and Control Act;
  • Offenses by public officers and employees;
  • Procuring person under 18 for prostitution;
  • Robbery;
  • Scheme to defraud or organized fraud under Florida Communication Fraud Act;
  • Selling or buying of minors;
  • Sexual activity with a child who is 12 years of age or older but less than 18 years of age by or at solicitation of a person in familial or custodial authority;
  • Sexual battery;
  • Sexual misconduct with developmentally disabled person and related offenses;
  • Sexual misconduct with mentally deficient or mentally ill defendant and related offenses;
  • Sexual misconduct with mentally ill person and related offenses;
  • Sexual performance by a child;
  • Showing obscene literature to minor;
  • Stalking;
  • Terrorism;
  • Trafficking in controlled substances;
  • Voyeurism;
  • A violation of any offense qualifies for registration as a sexual predator or for registration as a sexual offender; or
  • Attempting or conspiring to commit any of the above crimes.

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A DUI Record Sealing Lawyer in Palm Shores

Do you or your child need to have a juvenile criminal record sealed or expunged as soon as possible? You can avoid unforeseen delays and ensure your petition is properly filed by having legal representation.

The The Law Offices of James B. Coulter helps clients all over Satellite Beach and Central Florida seal or expunge juvenile records. Call (321) 586-9944 right now to schedule a free, confidential consultation that will allow our Brevard County juvenile record expungement attorney to review your case.

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Our Office Location
Law Offices of James B. Coulter
1402 Highway A1A, Ste A Satellite Beach , FL 32937
Membership
American Bar Association
Florida Justice Association
Phi Alpha Delta Law Fraternity
Brevard County Bar Association


Notable Achievements
2013 Avvo Client's Choice in Car Accident Attorneys
The National Trial Lawyers Top 100 Trial Lawyers
American Institute of Criminal Law Attorneys 10 Best 2015


American Institute of Criminal Law Attorneys 10 Best 2015
The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us, however, does not create an attorney-client relationship. Please do not send any confidential information to us until after an attorney-client relationship has been established.