Delaware Motion To Seal Juvenile Records

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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

To expunge a juvenile criminal record in PA, you (or your lawyer) must do the following: File a juvenile expungement petition. Serve the District Attorney's Office. Obtain a hearing date. Convince the judge that the expungement is appropriate. Obtain a court order of expungement.

If the case was "terminated in your favor", such as acquittal, nolle prosequi, dismissed, etc., there is no wait. If you were convicted of one or more violations in the same case, you must wait three years. If you were convicted of one or more misdemeanors in the same case, you must wait five years.

During the enlistment process, if it is made known there is a criminal history, the juvenile may sign a release form giving the military access to his/her records. Note:? There is nothing in the TFC that is designed to allow the military to force the juvenile to give unsealed records to the recruiter.

Ing to the Texas Juvenile Probation Commission, once someone turns 17, his or her juvenile record is automatically restricted. In other words, only certain parties have access to those records, such as state or federal criminal justice agencies seeking information as part of an investigation.

All states have some sort of procedures that allow juveniles to petition to either seal or expunge their records in certain cases. However, these procedures can be confusing and cumbersome, and in many instances, the young person is never notified if, when or how the record can be expunged.

Also, ing to Georgia law, no criminal record is automatically restricted simply because the offender turns 18. A former juvenile offender who is now an adult may, however, apply to have his or her juvenile record restricted.

No. Your criminal history does not automatically go away when you turn 18, even if you were not convicted or not adjudicated delinquent. In Delaware, a criminal history is never destroyed or sealed.

However, that's not the case in California, where the court does not automatically seal juvenile records. That means your record will remain available for anyone to access unless you proactively seek out a judicial order to have it sealed.

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Delaware Motion To Seal Juvenile Records