Are Jacksonville Juvenile Criminal Records Private?

Were you arrested as a Jacksonville juvenile delinquent? If so, you are likely wondering if your Jacksonville juvenile criminal record is public or private? There is a possibility that your criminal record is not private. Certain criminal records may be released as part of a criminal history record check. Juvenile criminal records may be expunged pursuant to Florida Statute Section 943.0582. This is the law used to expunge records relating to a juvenile’s arrest. In order to expunge a juvenile record under this law, the child must have successfully completed an approved diversion program. This is something that the child should discuss with his or her Jacksonville criminal lawyer. There is another option for sealing or expunging a juvenile criminal history. A child may seal or expunge an arrest record under Florida Statute Sections 943.0585 or 943.059. These statutes are also used to seal or expunge Florida criminal records for adults. If you are interested in expunging or sealing a Florida criminal record, contact a Jacksonville criminal attorney for help. Call 20 Miles Law at (904) 564-2525 to speak with a lawyer in Jacksonville.

How do you know which juvenile records can be accessed? The Florida Department of Law Enforcement states, “Juvenile criminal history information, not sealed or expunged, is disseminated only when the subject was taken into custody for an offense that would be a felony if committed by an adult.” The FDLE is referencing a law found in Florida Statute Section 985.04. Section 985.04(1) states:

“Except as provided in subsections (2), (3), (6), and (7) and s. 943.053, all information obtained under this chapter in the discharge of official duty by any judge, any employee of the court, any authorized agent of the department, the Florida Commission on Offender Review, the Department of Corrections, the juvenile justice circuit boards, any law enforcement agent, or any licensed professional or licensed community agency representative participating in the assessment or treatment of a juvenile is confidential and may be disclosed only to the authorized personnel of the court, the department and its designees, the Department of Corrections, the Florida Commission on Offender Review, law enforcement agents, school superintendents and their designees, any licensed professional or licensed community agency representative participating in the assessment or treatment of a juvenile, and others entitled under this chapter to receive that information, or upon order of the court.”

This Florida juvenile law gives an exception permitting the release of a minor’s information under Section 985.04(2)”

“Notwithstanding any other provisions of this chapter, the name, photograph, address, and crime or arrest report of a child:
(a) Taken into custody if the child has been taken into custody by a law enforcement officer for a violation of law which, if committed by an adult, would be a felony;
(b) Found by a court to have committed three or more violations of law which, if committed by an adult, would be misdemeanors;
(c) Transferred to the adult system under s. 985.557, indicted under s. 985.56, or waived under s. 985.556;
(d) Taken into custody by a law enforcement officer for a violation of law subject to s. 985.557(2)(b) or (d); or
(e) Transferred to the adult system but sentenced to the juvenile system under s. 985.565.”

 

Comments are closed.