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Woodbridge, VA |

If a juvenile was arrested for a felony, and the case was dismissed by accord and satisfaction , are the state-law enforcement records of this case PUBLIC? Also, if a juvenile applies for a job, and signs the waiver for a state background check, did the juvenile sign a contract for even confidential records to be provided to the employer?

Attorney Answers 1


Generally, under Virginia code 16.1-306, any juvenile records are subject to be expunged after an offender turns 19 and at least 5 years have passed since the last court juvenile hearing. Also, traffic convictions get expunged once an offender turns 29; however a felony remains forever. However, if the presiding judge specified that it becomes expunged when the offender turned 18, then that may be the case.
Note, however, that in many cases offenders still have juvenile charges on their NCIC and on electronic court records even though they should have been expunged. It's common for them to stick around longer than they should.
The best way to obtain an accurate answer is to see a criminal defense attorney in person in your area.

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James Stanton Abrenio

James Stanton Abrenio


Virginia Code Section 16.1-306 (C) permits a person that had a juvenile adjudication which would be a felony if an adult expunged where that offense was otherwise dismissed (ie accord and satisfaction). This prevents you from having to wait the required time period. To have it done, you simply file a Motion for Expungement in the juvnile court in which the adjucitation was originally held. Assuming the motion is granted, the judge will enter an order that the adjudication be expunged, which will require the court and law enforcement records to be sealed. Once that occurs, you should way several weeks for the expungement to work its way through the system then have you criminal record pulled and see if it shows. If it does, you contact the law enforcement agency and have them correct it, usually by sending a copy of the expungement order. This can be a very paper intensive task, so you should probably get an attorney involved. Agencies seem to move quick when counsel is involved. With regard to who can see the records, assuming they arent expunged, its limited to law enforcement and court agencies and some other statutorily defined state agencies. I think it would be hard for an employer to get ahold of the record. But there is never a guarantee. WIth respect to what you agree to disclosing in an employment application, I imagine it depends on what the agreement is that you signed. I think it will still come down to what the employer can actually get access to, anyway. Which, again, it will be difficult for them to get juvenile records. And remeber, expungements only apply to court records. So lets say, your arrest was on the news. Chances are there is an internet article about it somewhere, which an expungement in Virginia is not going to do much for. You may want to google yourself to see what's out there as well. Best of luck, James S. Abrenio

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko


I appreciate the excellently detailed note by Counsel Abrenio.

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