Understanding Juvenile Crime Records: How Long Will They Last for Your Child?
Understanding Juvenile Crime Records: How Long Will They Last for Your Child?
When a young individual gets involved in criminal activity, it raises a pressing question for parents: How long will this crime remain on my child’s record? In Kansas, laws exist to help clear most juvenile records, but certain complexities come into play. This article will elucidate how juvenile records function within Kansas law, the process for clearing them, and what parents should know to protect their child's future.
Juvenile and Adult Records: What’s the Difference?
One common misunderstanding is regarding the automatic clearance of juvenile records upon reaching adulthood. In Kansas, juvenile records do not simply disappear when the child turns 18. While they may not typically be included in standard background checks for employment, housing, or education, they remain accessible to certain agencies, including law enforcement and courts, especially if the individual is facing new charges as an adult.
Jonathan W. McConnell, a leading juvenile crimes attorney in Wichita, points out, "Juvenile crimes can impact an adult’s record based on the offense. In Kansas, these records are adjudicated, so if they are not naturally expunged, an application for expungement is necessary."
Petitioning for Expungement: A Step-by-Step Guide
Kansas law stipulates that parents and juveniles cannot request expungement immediately after a case concludes. Instead, there are clear waiting periods and criteria that must be fulfilled before filing a petition with the district court. Generally, an individual can pursue expungement under the following conditions:
1. At least two years have passed since the juvenile was discharged from probation or confinement.
2. The individual is at least 23 years old, whichever comes first.
Additionally, the juvenile must satisfy several requirements:
- - They have had no new felony or misdemeanor convictions (excluding minor traffic violations).
- - No legal proceedings are pending against them.
- - Their behavior post-discharge reflects their rehabilitation and maturity.
If granted, the expungement order mandates that all relevant entities treat the record as non-existent.
Crimes Ineligible for Expungement
Not all juvenile offenses qualify for expungement. Serious crimes can permanently remain on an individual's record. These include:
- - First or second-degree murder
- - Manslaughter, either voluntary or involuntary
- - Rape or aggravated criminal sodomy
- - Indecent liberties with a child
- - Sexual exploitation of a child
- - Child abuse or aggravated endangerment of a child
McConnell emphasizes the importance of legal guidance for parents navigating this landscape. "Seeking an attorney for any juvenile charges is crucial. They can assist in identifying expungement eligibility and strengthening a defensible record for your child."
Why Legal Representation Matters
If your child is facing juvenile charges, immediate legal counsel is paramount. Each case presents unique nuances, making it essential to consult with a specialized juvenile defense attorney who can provide tailored advice based on the specifics of your child’s circumstances.
Reach Out for Support
Are you in need of a Wichita juvenile crimes attorney? The McConnell Law Firm offers free consultations to guide you through this challenging situation, ensuring your child’s rights are protected and their future is on the right track. Contact us at (316) 243-5903 for immediate assistance and support throughout the legal process.
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