What is a Juvenile Arrest Record?
When a juvenile is arrested for a felony or certain misdemeanor offenses, Florida Statutes Section 985.11 requires the arresting officer to secure a photograph and fingerprints. Law enforcement is also required to document information about the nature of the arrest. The police agency is under an obligation to forward the prints and information concerning the charges to the Florida Department of Law Enforcement.
The legislature, through Florida Statute Section 985.11(1)(b), has vested police agencies with the discretion to send information regarding all juvenile arrests to the FDLE, regardless of the nature or severity of the criminal charge. As a result, most Florida police agencies have adopted the practice of routinely sending information on every juvenile that is arrested. Therefore, if you get arrested as a juvenile, regardless of the charge, FDLE is more than likely going to find out.
When FDLE acquires this juvenile arrest information, Florida Statute Section 943.05, requires them to store the data in the Florida Computerized Criminal History (CCH) database. At the conclusion of your criminal case, the Department of Juvenile Justice (DJJ) is mandated by Florida law to notify the FDLE about the official outcome. In other words, the DJJ will tell the FDLE if you were adjudicated delinquent, had adjudication withheld or if you were found not guilty. The FDLE will also be advised if you had the charge dismissed or received a “nolle prosequi” as a result of your successful completion of a diversion program or “plan.”
Juvenile Adjudication of Delinquency Not a Criminal Conviction
For purposes of criminal traffic matters, (for example, DUI, Reckless Driving, Leaving the Scene of an Accident, etc.) a juvenile offender is always treated as an adult. But for all other criminal charges, the matter will be handled in the juvenile court system unless special proceedings occur to try the juvenile as an adult. It is noteworthy that, unless a juvenile offender has his case certified to adult court and is subsequently sentenced as an adult, he never suffers a “criminal conviction.” Florida Statute Section 985.35(6) expressly provides that an “adjudication of delinquency” is not a criminal conviction. Unfortunately, most people outside the criminal justice system equate the two terms as being one and the same. To further the myth and muddy the distinction, it has been our experience that juvenile arrest entries appearing on FDLE prepared rap sheets fail to properly use the term “delinquency” when referring to juvenile court dispositions.
The Old Concept of “Youthful Indiscretions” Has Died
Most people would agree that youthful indiscretions should not be a matter of public record. Our office also believes that a mistake made by a young person should not act as a permanent bar for this individual to later become a productive member of society. After all, the objective of the juvenile court system is to seek rehabilitation. On the other hand, the adult criminal justice system is designed to impose punishments. Despite the apparent “common sense” nature of this proposition, many young adults are having employment opportunities jeopardized by a past youthful indiscretion for which they demonstrated rehabilitation. There is no question that computers in this age of the Internet is the leading cause. A juvenile arrest that has not yet been sealed or expunged could likely cause collateral damage to a young persons efforts to achieve a higher education or gainful employment. See: Colleges Get Smart About Applicants’ Criminal Arrest Records and Seal or Expunge Your Pinellas County Criminal Record and Land That New Job.
Who Has Access to My Juvenile Court Records?
If you visit the Pinellas County Clerk of Court of Court at the Clearwater Justice Center, they will be happy to provide you with the opportunity to inspect and copy documents from any adult file. However, if the adult individual retained an attorney to seal or expunge his criminal records, the clerk will inform you that “no records exist for the person you are inquiring about.”
The Clerk will not permit general members of the public to have access to a juvenile’s “criminal court files.” However, you will have access if you are the accused, the “attorney of record” who represents the juvenile, or a parent/guardian. Police officers and Juvenile Justice agencies can view juvenile court records. In addition, District School Superintendents and a variety of state agencies involved in the assessment and treatment of juveniles are permitted access. There is also a rather lengthy list of carved out statutory exceptions for others to gain access to this sensitive information. See: Florida Statutes Sections 985.045(2); 985.04(1); 943.0542.
Who has Access to My Juvenile Arrest Records?
Until 1994, Juvenile criminal records held by law enforcement agencies were well guarded and considered sacrosanct. Thereafter, legislation radically changed the confidentiality of juvenile records.
Law enforcement agencies in Florida are now permitted to disclose felony juvenile arrest information and associated court dispositions to any inquiring member of the public. See: Florida Statute Section 985.04(2) They can also disclose criminal traffic matters and arrest information for any juvenile who committed three or more misdemeanors. (So long as these misdemeanor offenses occurred at least 45 days apart from each other.) The information available to the public includes the juvenile’s name, photograph, address, criminal charge, the police report and the final court disposition of the case.
The Florida Department of Law Enforcement currently sells a $24.00 online service to the public that provides instantaneous access to juvenile arrest history information from the (CCH) database. Lawyers refer to these documents as “FCIC rap sheets” and they include both juvenile and adult arrest record histories.
It was the legislature’s obvious intent that FDLE be limited to the type of juvenile arrests it was permitted to reveal. However, our office has determined that the FDLE routinely and liberally reveals juvenile arrest information that it should not. The automated online system requires no interaction with a live FDLE employee. As such, the selling of this arrest data likely represents a highly profitable revenue source for this agency. For this reason, if you believe that your juvenile record should not be subject to public disclosure, we recommend that you invest $24.00 for an online FDLE FCIC/CCH report to see if that agency has improperly disclosed your juvenile arrest data.
When Does a Juvenile Record Go Away?
It is a common misconception that juvenile records in Florida simply disappear when the individual reaches the age of 18.
Below you will find a more accurate statement of the Law:
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Juvenile records are automatically expunged when the individual reaches 24 years of age, unless the person was previously classified as a serious or habitual juvenile offender, or he had been committed to a juvenile correctional facility or juvenile prison under chapter 985. Florida Statute 943.0515(1)(b);
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Juvenile court records are automatically expunged at the age of 26 if the individual was previously classified as a habitual or serious juvenile offender, or he had been committed to a juvenile correctional facility or juvenile prison under chapter 985. Florida Statute 943.0515(1)(a);
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If a person is 18 years or older and is charged with or convicted of an adult forcible felony charge, they forfeit the opportunity for an automatic sealing of their previous juvenile record. The juvenile records are thereafter permanently added or merged to their adult criminal record history. See Florida Statute 943.0515(2)(a).
Getting Your Pinellas Juvenile Record Sealed or Expunged
Many clients suffer adverse consequences if they are forced to wait until their 24th birthday to benefit from the automatic expungement provisions provided under Florida law. A young person’s life between the ages of 18 and 24 is generally perceived to be one of personal growth and maturity. It is typically a time spent exploring different areas of interest in their effort to find a lifelong occupation of genuine interest or passion. Further education and/or “stepping stone” jobs during this time of their life are critical to creating future opportunities. Not surprisingly, the disclosure of a juvenile arrest record can stand in the way and force the individual in a direction that is far less desirable.
There are three standards of eligibility for the sealing or expungement of juvenile criminal records:
FDLE Expungement of Juvenile Record After a Diversion Program
Florida Statute 943.0582 permits your lawyer to pursue this remedy in an administrative fashion that side steps the involvement of the juvenile court judge. Although the general public does not have access to juvenile court records, juvenile arrest and court disposition data is routinely sold online by the FDLE. Thus, this remedy is particularly valuable in keeping the juvenile criminal record from public dissemination.
1. The juvenile must have successfully completed the Diversion Program;
2. The juvenile must seek the expungement within twelve months of completion of the diversion program;
3. The original charge must have involved a “non violent misdemeanor” offense. Note: A simple assault or battery is considered a ‘non violent” misdemeanor unless it was domestic related;
4. The juvenile is precluded from having the expungement ordered if he has previously been “charged with,” or “found to have committed” any criminal offense.
Court Ordered Expungement of Juvenile Records
Florida Statute 943.0585 permits your lawyer to pursue this remedy if you didn’t have the benefit of participating in a diversion program or you missed the twelve month window of opportunity associated with the FDLE expungement discussed above. Florida Statute Section 943.0582(5) likewise affords you the opportunity to expunge a juvenile charge, despite previously taking advantage of an FDLE expungement for an earlier offense.
1. The juvenile must not have been adjudicated delinquent for having committed any felony offense or a misdemeanor offense of assault; battery; petit theft, carrying a concealed weapon or the open carrying of a weapon;
2. Must not have been adjudicated delinquent for the offense that the juvenile wishes to seal.
3. The juvenile’s charge must have resulted in a “no petition,” “dismissal” or “nolle prosequi”;
4. The juvenile has never obtained a prior sealing or expungement through a court order.
Court Ordered Sealing of Juvenile Records
Florida Statute 943.059 permits your lawyer to pursue this remedy if you didn’t have the benefit of participating in a diversion program or you were never adjudicated delinquent.
1. The juvenile must not have been adjudicated delinquent for having committed any felony offense or a misdemeanor offense of assault; battery; petit theft, carrying a concealed weapon or the open carrying of a weapon;
2. Must not have been adjudicated delinquent for the offense that the juvenile wishes to seal.
3.The juvenile’s charge must have resulted in a “withhold of adjudication” or an “acquittal” after trial;
3. The juvenile has never obtained a prior sealing or expungement through a court order.
Benefits of Sealing or Expungement of Juvenile Records
From a practical stand point, there is little difference between the sealing and expungement of a juvenile criminal record. In the first instance, the criminal records are sealed from public view and dissemination. In the second circumstance, they are physically destroyed. However, Florida Statute Sections 943.0585(4) and 943.059(4) provide that a juvenile who has his record either sealed or expunged, under most circumstances “may lawfully deny or fail to acknowledge the arrest covered by the sealed or expunged record.”
Having your juvenile criminal records either sealed or expunged removes the stigma associated with having been involved with the police and the criminal justice system. In most cases, it restores you to the position you occupied before being arrested or charged. It is designed to put you on an equal footing so that you can more productively move forward in your life.
Call Us to Determine Your Eligibility
If you have a juvenile arrest record that arose out of St. Petersburg, Clearwater or another area in Pinellas County, we are lawyers who can help. Give us a call and we can determine your eligibility for a record sealing or expungement right over the phone.
At Russo & Russo, we are experienced Attorneys who handle juvenile criminal cases arising out of St. Petersburg, Clearwater, and the Pinellas County area.
Former State Prosecutors
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Related Links:
How to obtain records associated with Pinellas County adult criminal cases
Searching the online database of inmates held in the Pinellas County Jail
How to avoid publicity after a Pinellas County arrest
Juvenile Cases Can Delay Right to Own a Firearm
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