Sealing Juvenile Records in Muskogee
In general, Oklahoma law states that a juvenile’s criminal records are confidential and not open for public inspection. Okla. Stat. tit. 10A § 2-6-102 This prohibits a mistake made in adolescence from following a person into their adulthood.
Not all juvenile records can be sealed. While shoplifting or underage drinking may qualify, some more serious crimes may not. For example, If you are charged with while a juvenile as an adult or youthful offender, your records are not sealed. Likewise, arrest records of a juvenile arrested for committing an act, which if committed by an adult, would be a felony offense are not automatically sealed. There are other circumstances and crimes for which juvenile records are not sealed, such as:
- The record pertains to a violation of traffic or motor vehicle laws.
- A juvenile aged 14 or older has received at least one delinquency adjudication and subsequently faced another delinquency charge.
- The record involves a violation of the Access to Tobacco Act.
- A juvenile is placed in an Oklahoma facility following an out-of-state adjudication for an offense that would have resulted in youthful offender certification if committed in Oklahoma.
When juvenile records are not sealed, you can apply for an expungement of those records. Sometimes, juvenile records which are supposed to be sealed, continue to appear on various databases even though they should not. In this case, expungement can erase those records.
Expungement: A Fancy Term for Erasure
Both juveniles and adults can apply to have their criminal records expunged. If you qualify, an expungement is like an erasure. Once expunged, it is as if those records never existed.
Expunging juvenile records can remove them from various entities, including the Juvenile Court Clerk, the Office of Juvenile Affairs (OJA), OSCN.net, ODCR.com, OSBI, the Arresting Agency, the Jailing Agency, and the Department of Corrections. Additionally, expungements can enable you to legally deny that the offense ever occurred.
Eligibility Assessment
Typically, you must have reached the age of majority, 18 years old in Oklahoma, to be eligible to seal your juvenile records. If you are 21 years old or older, you may petition the court for expungement. Okla. Stat. tit. 10A § 2-6-109. You must have successfully completed your sentence or supervision related to the juvenile offense. This includes fulfilling any probationary terms, community service requirements, restitution, or other court-ordered obligations.
The nature of the offense must qualify for sealing or expungement. More serious crimes, including violent crimes, may not qualify. In addition, you must not have been arrested for any adult criminal offense, and must have no charges, indictments, or pending information exists against you at the time of the expungement petition. Finally, you must not have been involved in any deferred prosecution or deferred sentence and must have no convictions for other criminal offenses within a prescribed period of time before the petition.
Petition for Expungement and Notice of Hearing
The juvenile or their legal guardian must file a petition with the court to seal the juvenile records. The petition includes details such as the offense, completion of the sentence or supervision, and reasons for seeking record sealing or expungement. The petition and the notice of hearing must be served on all relevant parties including the prosecutor’s office and any victims involved in order for parties to have time to file any objections. Those parties may also choose to appear at the hearing.
Court Review and Decision
The court reviews the petition and considers factors such as the juvenile’s rehabilitation, behavior since the offense, and the impact of record sealing on public safety and the juvenile’s future prospects. The court decides whether to grant the petition to seal or expunge juvenile records based on the evidence, legal criteria, and best interests of the juvenile. If approved, the court issues an order to seal or expungement the records, removing all traces from public view.
Implications of Sealing Juvenile Criminal Records
Sealed juvenile records are confidential and generally cannot be accessed or disclosed without a court order or specific legal authorization. Sealing juvenile records can also improve your long-term prospects for employment, education, and housing by removing barriers associated with a criminal record. Your full rights are restored. Finally, sealing your records can mean leaving a past mistake behind.
Consult with a Muskogee expungement attorney today to get a better understanding of how sealing or expunging your records can help you move on to a new chapter in your life.
Low-cost Strategy Session With a Muskogee Criminal Law Attorney
Contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a initial consultation today at (918) 913-0725. If you prefer to contact us by email, use the form at the top of this page.
