Kentucky Motion To Seal Juvenile Records

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Multi-State
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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

Wisconsin's expungement laws are strict, and eligibility is primarily limited to offenses committed by individuals under 25 years old. Crimes that carry a maximum sentence of life in prison, violent offenses, weapon crimes, sexual offenses, and domestic abuse are not eligible for expungement in Wisconsin.

In most cases, records are destroyed once the minor turns 19 and at least five years have passed since the final hearing. One major difference is if the minor has committed a crime that would be a felony if they were an adult. In that case, the records remain public.

Juvenile records are automatically expunged when the individual reaches 21 years of age, unless the person was previously classified as a serious or habitual juvenile offender, or he had been committed to a juvenile correctional facility or juvenile prison.

Records are only sealed in cases about juvenile offenses and other civil cases. Some of these eligible records go under seal by state statutes. Among them are personal information about involved parties, information about minors, financial details, and trade secrets.

The filing party may ask the court to redact (omit or blank out) certain pieces of information, to seal a document, or to seal the whole case. Forms GF-245?247 are available for making a motion to seal the court record or the transcript. The clerk cannot seal a record; this decision must be made by the court.

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.

Q: Are juvenile records always closed to the public? A: No. Juvenile records are open to the public when a juvenile is tried in adult criminal court and under certain circumstances when a juvenile is tried in juvenile court.

Kentucky juvenile courts have jurisdiction over individuals under age 18. A juvenile court can retain jurisdiction until a youth becomes 19 years old in some specific circumstances, and until the age of 21 years in other specified circumstances. A person who is age of 18 or older will be charged as an adult.

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Kentucky Motion To Seal Juvenile Records