Being the parent of a child who has been charged with a
juvenile crime can be an overwhelming and frightening experience. Apart from penalties
that may include court ordered community service or counseling, time in
a juvenile detention facility, or time in an adult jail or prison, parents
often fear for the long-term consequences that a criminal record can impose
on their child. This is especially true for children who may be beginning
their education, search for employment, and their new lives as adults
and contributing members of our society.
At Caplan & Tamburino Law Firm, P.A., our Minneapolis criminal defense
attorneys provide the experienced representation and support youth and
their parents need when juvenile charges have been filed. In addition
to defending against allegations and protecting the rights of youth charged
with crimes, our team can also provide assistance in matters involving
the criminal record of a juvenile who has already been convicted or has
had their case adjudicated in a Minnesota juvenile court.
How a juvenile crime will be treated on a person’s record will depend
on the nature of their case. To help you better understand some of the
common scenarios in these matters, we’ve provided some information below:
Juvenile records – In most juvenile crime cases handled by a juvenile court in the
state of Minnesota, cases are sealed from public view. There are some
exceptions, including when an offense would be considered a felony if
child was at least 16 years of age. Most of these juvenile offenders will
be able to petition for an expungement, or sealing, of a criminal record
when they become adults. In cases where no charges were filed and only
an arrest appears on record, juveniles who remain out of trouble for 10
years will have the arrest expunged from their record without having to
file a petition.
Juveniles tried as adults / charged with felonies – In cases where juveniles were charged as adults or where the offense
would have been considered a felony had the child been at least 16 years
old, a petition for expungement must be completed. Juveniles may qualify
for an expungement if charges were dismissed, juveniles were not found
guilty, or a guilty plea was not entered. Even in cases where a juvenile
was found guilty, you can still file a petition and request the court
to consider an expungement of arrest, court, or conviction records.
Expunging a criminal record can be a complicated process, and it is one
that varies from case to case depending on the age of an individual and
the unique set of facts involved. As such, our legal team makes it a point
to personally evaluate cases in order to help parents and their children
understand their legal rights, the process of sealing a record, and how
we may be able to help pursue an expungement.
It is important to note that Minnesota has reformed its expungement process
to allow for more discretion and leeway. This means that if a juvenile
has an arrest, court, or conviction record, they may still have the opportunity
to petition the court for an expungement, especially if a child has remained
out of trouble or when the collateral consequences of a record can hurt
them more than was intended to do so.
Our defense lawyers at Caplan & Tamburino Law Firm, P.A. have extensive
experience handling juvenile crime and expungement matters, and are prepared
to help you better understand if your child may be eligible for expungement.
To discuss your case with an attorney from our firm during a free consultation,
contact us today.