Virginia 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

Juveniles convicted of a felony may be sentenced to years in a juvenile detention center. If the charge is a serious felony such as homicide or drug dealing, the juvenile could be tried as an adult and would face time in an adult prison.

A person who has been the subject of a delinquency or traffic proceeding and (i) has been found innocent thereof or (ii) such proceeding was otherwise dismissed, may file a motion requesting the destruction of all records pertaining to such charge.

Automatic Sealing of Misdemeanor Charges Under Virginia's Record-Sealing Law. Virginia Code §19.2-392.5-392.17 governs the sealing of criminal records. Certain misdemeanors can be automatically sealed when the law goes into effect in 2025, and you will need to petition the court to seal other charges.

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.

Commitment to Department of Juvenile Justice. Only a juvenile who is (i) adjudicated delinquent of an act enumerated in subsection B or C of § 16.1-269.1 and is 11 years of age or older or (ii) 14 years of age or older may be committed to the Department of Juvenile Justice.

§ 16.1-299. Whenever fingerprints are taken, they shall be maintained separately from adult records and a copy shall be filed with the juvenile court on forms provided by the Central Criminal Records Exchange.

? In Virginia, a juvenile is any person less than 18 years old.

All duly constituted police authorities having the power of arrest may take the fingerprints and photographs of: (i) any person arrested by them and charged with a felony or a misdemeanor an arrest for which is to be reported by them to the Central Criminal Records Exchange, (ii) any person who pleads guilty or is ...

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Virginia Motion To Seal Juvenile Records