Has your son or daughter been arrested in Jacksonville FL? After the Jacksonville arrest, did your child go to Duval County court as a juvenile delinquent? After discussing the case with a Jacksonville criminal lawyer, did your child plead guilty to a crime, such as Jacksonville theft, Jacksonville criminal mischief, or Jacksonville possession of marijuana? After your child pleaded guilty to the Florida juvenile criminal charge, did he or she go through a pretrial diversion program for Florida juveniles, or was he or she sentenced to probation?
As a Jacksonville juvenile defense lawyer, I have represented juvenile delinquents in courts in Clay County, St. Johns County, and Duval County. I have had juvenile criminal cases dropped, some go to pretrial diversion, and others go all the way to trial. Depending on the outcome of the juvenile criminal case, the child may be able to seal or expunge the Florida criminal record. If you want to seal a Florida criminal record, adult or juvenile, use Florida Statute 943.059. The Florida law that is used to expunge a Florida criminal record is Florida Statute 943.0585.
You may expunge a Jacksonville juvenile record under another Florida expunction law. Pursuant to Section 943.0582 of the Florida Statutes, a juvenile criminal defendant may expunge a Florida criminal record if he or she has successfully completed a prearrest or postarrest juvenile diversion program. This Florida juvenile diversion program is known as pretrial intervention or diversion. If a Jacksonville juvenile delinquent wants to expunge his or her arrest, there are certain Florida record expunction requirements that must be met:
- The Jacksonville juvenile delinquent must submit an application signed by the minor’s parent or legal guardian no later than six (6) months after completing the Florida diversion program.
- The Jacksonville juvenile delinquent must include an official written statement from the state attorney certifying that the minor successfully completed the juvenile diversion program and that participation in the program is strictly limited to minors arrested for a nonviolent misdemeanor who have not otherwise been charged with or found to have committed any criminal offense or comparable ordinance violation.
- The prearrest or postarrest juvenile diversion program that the Jacksonville juvenile delinquent participated in expressly authorizes or permits such expunction to occur.
- The Jacksonville juvenile delinquent was arrested for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in s. 741.28.
- The Jacksonville juvenile delinquent has never, prior to filing the application for expunction, been charged with or been found to have committed any criminal offense or comparable ordinance violation.
It is important to note that a Florida juvenile criminal record expunction under Florida Statute Section 943.0582 is not the same as clearing a criminal record under Florida Statute Section 943.0585. Under Section 943.0582(2)(a)(2), records maintained by local criminal justice agencies in the county in which the arrest occurred seal the file. This is not permitted under Florida Statute Section 943.0585(4), which requires “any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases.”
Read “How Do I Expunge My Criminal Record in Jacksonville, Florida?” for more information on expunging a child’s record. You can talk to a lawyer in Jacksonville about your juvenile case or having your record expunged or sealed. Contact a criminal lawyer in Jacksonville at 20 Miles Law.