Juvenile Criminal Records
What Are Alabama Juvenile Criminal Records?
In Alabama, a juvenile criminal record is defined as a history of all arrests, charges, and adjudications for criminal offenses committed by a person under the age of 18. This includes both felonies and misdemeanors. Juvenile records are different from adult criminal records in that they are not open to the public and can only be accessed by certain individuals and agencies.
There are two types of juvenile records in Alabama: confidential and non-confidential. Confidential records are only available to the child’s parents or guardians, while non-confidential records can be accessed by anyone who has the child’s consent. In some cases, however, even non-confidential records may be sealed or expunged (destroyed) if the child meets certain criteria.
If you are a parent or guardian of a child in Alabama, it is important to know what type of juvenile record they have and how it may impact their future.
What is a Confidential Juvenile Record?
A confidential juvenile record can only be accessed by the child’s parents or guardians. This type of record is typically created when a child is arrested but not charged with a crime, or when they are charged but the case is dismissed. In some cases, a confidential juvenile record can also be created if the child completes a pre-trial diversion program or if they are found guilty of a crime but not sentenced to juvenile detention.
Confidential juvenile records are not open to the public and cannot be accessed by employers, landlords, or anyone else without the child’s consent. In most cases, these records will be destroyed when the child turns 18 years old.
What is a Non-Confidential Juvenile Record?
A non-confidential juvenile record can be accessed by anyone who has the child’s consent. This type of record is typically created when a child is charged with a crime and adjudicated (found guilty) in juvenile court. Non-confidential records can also be created if the child is placed on probation or if they are sentenced to juvenile detention.
Unlike confidential records, non-confidential juvenile records are open to the public. This means that employers, landlords, and other individuals can access these records if they have the child’s consent. In some cases, however, non-confidential records may be sealed or expunged (destroyed) if the child meets certain criteria.
How Can I Access My Child’s Juvenile Record?
If you are a parent or guardian of a child in Alabama, you can request access to their confidential juvenile record by contacting the Alabama Department of Human Resources. If you are seeking access to a non-confidential juvenile record, you will need to obtain the child’s consent before proceeding.
It is important to note that, in some cases, juvenile records may be sealed or expunged (destroyed). If this is the case, you will not be able to access the record, even if you are the child’s parent or guardian.
How Can I Seal or Expunge My Child’s Juvenile Record?
In Alabama, a juvenile record can be sealed or expunged (destroyed) if the child meets certain criteria. To be eligible for sealing or expungement, the child must:
- Be 18 years old or older
- Have no pending criminal charges
- Have no convictions for felonies or serious misdemeanors
If your child meets these criteria, you can file a petition for sealing or expungement with the court. Once the petition is filed, a judge will review the case and decide whether to grant or deny the request.
It is important to note that, even if a juvenile record is sealed or expunged, there are still some circumstances in which it can be accessed. For example, sealed records may be unsealed if the child is charged with a crime as an adult. Additionally, expunged records may be accessed if the child is seeking employment with a law enforcement agency or if they are applying for a job that requires them to work with children.
If you have any questions about Alabama juvenile criminal records, it is important to speak with an experienced attorney who can help you understand your rights and options.