Articles Tagged with juvenile defense lawyer Fort Lauderdale

Many parents believe a juvenile record vanishes when a child turns 18. In Florida, that is not how it works. A juvenile record can last for years. Some records never go away. And the choices made in the weeks after an arrest often decide which outcome a teenager gets.

As a Fort Lauderdale criminal defense attorney, I talk with parents who are focused on getting through the next court date. That is understandable. But the long-term question matters just as much. Will this follow my child into a college application, a scholarship, or a military recruiter’s office? It is important to talk to your child’s criminal defense lawyer about how each path forward in the case could affect the future in the long-run.

How Florida Keeps Juvenile Records

The Florida Department of Law Enforcement maintains criminal history records, including records of minors. Section 943.0515 of the Florida Statutes controls how long the state keeps them.

For most young people, the statute sets an automatic clock. The state keeps the record until the person turns 21, then expunges it.

The clock runs longer for some teens. If a minor is classified as a serious or habitual juvenile offender, or is committed to a maximum-risk residential facility, the state keeps the record until age 26.

Some records are never automatically cleared. Under the same statute:

• If a person 18 or older is charged with or convicted of a forcible felony before the juvenile record is destroyed, the juvenile record merges into the adult record.
• If a minor is adjudicated as an adult for a forcible felony, the earlier juvenile record merges with the adult record.
• Certain juvenile adjudications for qualifying sexual offenses must be kept permanently and merged into the adult record.

In other words, the path a juvenile case takes now can determine whether the record clears at 21, at 26, or not at all.

Early Expunction Before Age 21

Florida allows some young adults to clear their juvenile records before the automatic deadline. Section 943.0515(1)(b)2 permits a person between 18 and 21 to apply for early expunction if several conditions are met: Continue reading