Florida Expungement
David Weisselberger
January 20, 2025
People in their youth tend to make mistakes. However, some errors might have long-term effects, especially legal troubles. If you’re wondering if a juvenile record will show up on a background check, it will eventually depend on several factors, including the laws of your state and the specific context of your offense.
In Florida, many juvenile records are being destroyed but it does not mean that they won’t show up on any background checks, but it can still impact your future. Thus, it is important to understand expungement actions in Florida. Seeking legal advice would also minimize the potential repercussions.
A juvenile is in the age bracket of below 18 and is not yet considered an adult based on the law. Speaking legally, juveniles have a different treatment from adults because the justice system sees them as someone who can still be rehabilitated.
These cases are addressed in a different court, mainly focusing on reform, not punishment. Despite this, serious crimes can still lead to bigger consequences, including the possibility of having a permanent record. Florida law follows a specific guideline and process for juvenile records. Minor cases are handled in juvenile court. This effort aligns with the belief that children can change and should be spared from lifelong consequences.
Even though minors face minor consequences, serious offenses such as violent crimes, sexual offenses, and felonies are a different story. A minor can be tried as an adult based on Florida Statutes Section 985.557, this means that prosecutors can transfer juvenile cases to an adult court depending on the crime’s severity. Once a juvenile offense becomes a permanent record, the effects could last for a long time, limiting employment, housing, and opportunities in the future.
According to the Florida Department of Juvenile Justice, juvenile records may appear during a background check, but this will depend on the context of your offense and age. While Florida law expunged juvenile records directly upon reaching the age of 21 to 26, there are still exceptions to this law.
Some offenses could lead to serious consequences for juveniles, possibly resulting in a permanent record. This includes offenses such as felonies or acts of violence, and offenses involving sexual crimes committed by juveniles aged 14 or older. In other cases, a juvenile is also deemed a habitual offender, which worsens the consequences. Additionally, juveniles who have committed a crime even after they turn 18 will also be less likely to expunge or seal their records.
Background checks commonly done by employers, educational institutions, and military recruiters may see these records. However, it is important to understand how the system works so that you can mitigate its adverse effects.
There are three categories of juveniles in Florida, and this classification is based on their offenses:
Youths who commit minor infractions and misdemeanors for the first time such as petty theft, trespassing, or vandalism are more likely to be put into rehabilitation. This ensures that the juvenile employs measures such as community service, counseling, or diversion programs, preventing future misconduct while allowing them to avoid having a permanent criminal record.
Juveniles who repeatedly engage in criminal activities are labeled as habitual offenders. This group may face a more serious offense which ranges from minor infractions to serious crimes. Because of their repetitive behavior, this group faces a stricter intervention such as probation or placement in residential programs. These programs are designed to address the underlying cause of their behavior which may be rooted in their environment or personal challenges.
These are individuals who committed a violent or a felony-level type of crime such as aggravated assault, robbery, or homicide. These offenders face a more severe consequence, and could even be tried as adults under Florida Statutes Section 985.557. However, this will still depend on the underlying circumstances and severity of the offense.
These classifications are important because they determine how long a record may last or if it can still be expunged from your criminal record.
Juvenile records could be a potential threat to your future success, which is why it is important to expunge these records. Even though there is a certain age when the records are set to be automatically expunged, all these years of waiting could still affect potential opportunities. A juvenile record may hinder your ability to:
Expunging your record offers you not only peace of mind and security for the future but also removes these barriers that could potentially affect your life.
In Florida, there are multiple ways to expunge a juvenile record:
Juvenile expungement in Florida usually takes about 5-7 months, however, it will also depend on the complexity of the case and the workload of the court. Some of the factors that may influence the length of this process are:
It is better to work with an experienced attorney about this matter so that the process can be quickly done, ensuring that all legal requirements are appropriately complied with and obstacles that could potentially hinder the process may be addressed accordingly.
If you are struggling with a juvenile record, or you know someone who is dealing with one, it is important to seek guidance by contacting an experienced attorney who can help you determine your eligibility for expungement. Taking proactive steps is important to address your record and will open doors in the future, freeing you from the shadows of your youthful mistakes in the past.
