How to Seal Juvenile Court Records

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1Checking if You're Eligible

2Filing a Petition

3Attending a Hearing

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Most states allow people to have juvenile court records sealed. However, states usually set strict requirements that you must meet. For example, you can only seal court records for some offenses but not others. In order to get your juvenile court records sealed, you should find a copy of your state law. Typically, you will need to file a petition with the court and possibly attend a hearing.

Steps

Part 1

Part 1 of 3:

Checking if You're Eligible

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   Determine if you need to take action. In some states, juvenile records are made confidential and are not accessible to the public. If you have a juvenile record in one of these states, you will most likely not have to take action to have your records sealed or expunged. In addition, some states will automatically seal your juvenile record at a certain time. If you have juvenile records in any of these states, you will most likely not have to take any action to have your records sealed.

   • The following states make juvenile records confidential: California, Nebraska, New Mexico, New York, North Carolina, North Dakota, Ohio, Rhode Island, and Vermont.
   • The following states offer some form of automatic sealing: Nebraska, Alaska, Montana, New Hampshire, Nevada, Maryland, Arkansas, Colorado, Georgia, Pennsylvania, Missouri, Illinois, Mississippi, Connecticut, Minnesota, Vermont, District of Columbia, Indiana, Iowa, Kentucky, New York, Oklahoma, Oregon, South Dakota, and West Virginia.
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   Get a copy of your criminal history. You need to know exactly what crimes you were convicted of. Accordingly, you should get a copy of your criminal history, both as a juvenile and as an adult.

   • Visit the court clerk and ask for a copy of your criminal history.
   • Also ask for a financial history. After you were convicted, you might have been fined or ordered to pay money to your victims (called “restitution”). You should know this information, because you probably can’t get your records sealed unless you have paid all of your fines.
   • You might need to get a copy of your adult criminal history by contacting the state Bureau of Criminal Identification. You can expect to pay a fee for this information, which will vary by state.
3. 
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   Read your state law. State law determines whether or not you can seal a juvenile record. You need to find the law for the state where you were arrested and/or convicted. This might not be the state where you currently live.

   • To find the relevant state law, you can search the Internet for “the state” and “seal juvenile records.” Many websites, such as Nolo, provide summaries of each state’s laws.
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   Find out if you are old enough. States usually have an age requirement. In most states, you must be at least 18 years old to make a request to seal the records.

   • However in some states the applicable age is 21 or older. For example, in Minnesota, you cannot petition a court until you are 28. In Iowa, the age requirement is 21.
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   Check how much time has passed. Typically, your state will require that you wait a certain amount of time before sealing the records. The amount of time differs by state, but could be anywhere from 30 days after your eighteenth birthday to several years after you got out of prison.
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   Identify the types of offenses which qualify. States sometimes limit the kinds of offenses eligible for sealing. For example, a state might only seal misdemeanor convictions but not felonies.

   • Your state law should provide a detailed list of what convictions qualify for sealing. Take out your criminal history and see if your conviction qualifies.
   • For example, in Alabama, offenses against persons and felonies cannot be expunged.
   • In Florida, certain sexual offenses are ineligible for expungement.
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   Check for subsequent arrests or convictions. Most states will only seal juvenile court records if you have no more arrests or convictions as an adult. This includes pending charges against you as well.
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Part 2

Part 2 of 3:

Filing a Petition

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   Find the correct court. You should go to the court where you were convicted. If you were only arrested, then go to the court in the county where the arrest took place.

   • You might have moved. For example, you could have been convicted of a juvenile offense in Nebraska but have moved to North Carolina. Unfortunately, you need to work with Nebraska’s courts in order to seal your records there.
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   Get a form. Most courts now have printed “fill in the blank” forms you can use to request that your records be sealed. You can get required forms by contacting the court and asking.

   • Also check online. Some states have published their forms on the Internet.
   • For example, in Colorado, you can go to the judicial branch website and download Form JDF 417, which is a Petition to Seal Arrest and Criminal Records.
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   Fill out the form. Either use a typewriter or print neatly using black ink. If the court has forms you can download, then you might be able to type your information into the PDF before printing it. Forms should generally ask for the following information:

   • the date you were found guilty
   • the name of the offense
   • any circumstances which warrant sealing the records
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   File the form. Make several copies of the form and take the original to the court clerk. Ask to file the original.

   • The clerk should also date stamp your copies. This shows the date you filed.
   • In some states, you may have to take your form to the Probation Department so that they can research whether you are eligible for having your court records sealed. Look at your form. It should tell you where to return it once you have completed it.
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   Pay a fee. You will probably have to pay a filing fee, which varies by court. If you cannot afford the fee, then ask for a fee waiver.
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   Ask for a hearing date. You might not have to attend a hearing. However, some states require that you have a hearing before a judge. When you file, you can ask the clerk if you need to schedule a hearing.

   • You probably will also have to fill out a Notice of Hearing or equivalent form and send it with your petition to the prosecutor.
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   Serve notice on the prosecutor. You may have to send the prosecutor a copy of your petition to seal your juvenile court records. You will provide notice by sending a copy of your petition as well as other documents required by the court.

   • Ask the court clerk how you can send the notice to the prosecutor. Generally, you should be able to mail it or hand deliver it.
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   Get legal help, if necessary. You might have questions about the sealing process. If you do, then you should contact an attorney. Try to find a lawyer who specializes in post-conviction relief.

   • To get a lawyer, you can visit your state’s bar association, which should run a referral program. You can find your local or state bar association on the Internet by searching “bar association referral” and then your city or state.
   • You might not be able to hire a lawyer to handle the entire process. However, you can still schedule a half hour consultation and ask questions.
   • Call up the lawyer to schedule the consultation. Be sure to ask how much it costs. Some lawyers offer free consultations while others offer them for a reduced fee.
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Part 3

Part 3 of 3:

Attending a Hearing

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   Dress appropriately. You want to look neat and professional for your hearing. This means getting a haircut and taking a shower. Also try to cover up any tattoos that you might have, by wearing long sleeve shirts or using makeup.

   • Men should dress professionally. They can wear a suit if they have one. If they don’t, then they should wear dress pants and a button-up dress shirt with a tie.
   • Women should also wear a suit if they have one (a skirt suit or pants suit is fine). Women can also wear a conservative dress or dress slacks and a nice blouse.
   • For more tips, see Dress for a Court Hearing.
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   Arrive early. You don’t want to be late for your hearing. Accordingly, you should give yourself plenty of time to get to the courthouse, find parking, and then pass through security.

   • Try to arrive to the courtroom at least 15 minutes before your hearing is scheduled to start. Tell the clerk that you have arrived.
   • Turn off all cell phones and electronic devices before entering the courtroom.
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   Answer the judge’s questions. When your name is called, you should go to the front of the courtroom and stand before the judge. The judge might ask you questions about your petition. Answer all questions honestly, in a clear voice.

   • Don’t interrupt the judge. Also wait for the judge to finish asking a question before answering.
   • If you don’t understand a question, then ask for clarification.
   • Always call the judge “Your Honor.”
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   Be apologetic. In some states, the victim might be notified to attend the hearing. This could make for a tense situation. In order to make the best impression, you should be prepared to express remorse for your crime.

   • Even if the victim doesn’t show up, you should still be remorseful. Explain to the judge how you have turned your life around and what you have learned as an adult.
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   Get certified copies of the judge’s orders. If the judge approves your petition, then he or she will sign an order. The order will state that your juvenile court records should be sealed. You should ask the court clerk how to get a certified copy.

   • You might have to pay for a certified copy. Check with the court clerk for the price and acceptable methods of payment.
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   Send orders to the appropriate agencies. You should send certified copies of your order to every agency you sent notice to when you filed your petition. They need to know that the information they have should be sealed.

   • Always keep at least one copy of the certified order for your records.
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