My son at age 16 was charged with two offenses ( misdemeanors ) that we took a deferred judgement on and now both items have been dismissed . He is now 18 and I'm concerned that background checks will turn up negative information . Will he need to go through the expungement process or since it was dismissed does it not show any negative information .
DUI / DWI Attorney
Juvenile records remain accessible even if the case is closed, or dismissed, unless the Court has signed an Order of Expungement of Juvenile Records. Most, but not all juvenile records can be expunged. If and when your son would be eligible to file a petition of expungement depends on the misdemeanor offenses committed and the ultimate outcome of the case. In general, a person may be able to file a petition for expungement a year after the completion of a diversion program or they may have to wait up to four years from the date the court lost jurisdiction. Also, keep in mind that there are specific cases and charges that would entitle your son to file a petition for expungement earlier and some charges may not be expunged. I would recommend consulting with a criminal defense attorney to review your son's options.
3 lawyers agree
General Practice Lawyer
Ms. Schmidt is right on with her analysis. As a former prosecutor, I am well aware of the process and would be happy to help you folks with the paperwork. You should gie us or Ms. Schmidt a call to help with that process.
Best of luck!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.