Juvenile offenders can get a fresh start by filing a petition in court to seal a juvenile court conviction. Sealing a juvenile record means the records held by the police and the court are treated as if they never existed. If prospective employers, landlords, or licensing agencies run a background check on a juvenile, it’s as if they had never been arrested or convicted. However, there are specific local rules one must follow to have a juvenile criminal record sealed.
If the juvenile offense occurred after July 15, 2010, the record sealing is automatically processed when a juvenile turns 17, as long as the conditions set out by the court are successfully met. Records are not automatically sealed if the offense occurred before July 15, 2010, the court elected not to automatically seal the record, or the offender is under the age of 17.
What a Judge Considers
According to Nebraska law, a judge must consider whether or not a juvenile has been rehabilitated to a satisfactory degree, and the following:
- Age at the time of the offense
- Nature of the offense
- Role in the offense
- Behavior after the disposition or sentence
- Response to probation, supervision and other treatment or rehabilitation program
- Education and employment history
Getting a Juvenile Record Sealed
If the juvenile record has to be manually sealed, a copy of the criminal history must first be obtained. These can be found on the Nebraska Court records online or in the courthouse where the juvenile was charged. A Motion to Seal Records must then be filled out and sent to the court where the original conviction was filed. If no objection is made within 30 days of filing the request, the court may order the case sealed without a hearing. If an objection is filed, a hearing is set within 60 days of the filing of the Motion to Seal.
Are you interested in sealing your child’s juvenile criminal record? Contact our Omaha criminal defense attorneys at Carlson & Burnett to discuss your case. We are here to help!
Call (402) 810-8611 or contact us online.