It can be a daunting experience for anyone to reflect on their past mistakes. For individuals who committed a crime as a minor, the fear of having that stain on their record can be deeply concerning. It is understandable that someone in this situation may feel overwhelmed and uncertain of the consequences they will face moving forward.
In New York, a minor's criminal record is generally not made public, which means that employers and other agencies who conduct background checks will not have access to these records. However, depending on the type of crime committed, there are exceptions. In this blog, we will discuss how the records of minors are handled in New York.
When Does a Minor's Record Get Sealed in New York?
In New York, juvenile records are generally kept private and not available to employers who conduct background checks. However, depending on the type of crime that was committed by a minor and the age of the minor in question at the time of the crime, there may be exceptions to this rule.
Juvenile Delinquent
For minors over the age of 7 and under the age of 16, their records are nearly always automatically sealed without any further action required. However, if they are found guilty, the child's attorney may need to file a motion to have the child's record sealed once they are 16. However, those records would still be available to police and prosecutors.
Youthful Offender
For individuals over 16 years old and under 19 years old who are tried as adults can be given the status of youthful offender (YO) by the judge during sentencing, allowing them to have the opportunity to have their record sealed. A YO record is not considered a criminal conviction and cannot be viewed by anyone other than police, prosecutors, officials at the elementary and secondary school in which the student is enrolled, and the statewide registry for orders of protection.
To be eligible for this status, certain criteria must be met, such as the individual not having any prior felony convictions. Once given youthful offender status, the record of their case will remain sealed and they can answer "no" to questions about past convictions on job or housing applications.
Juvenile Offender
For certain felonies, a person between 13-15 years of age can be tried as a juvenile offender (JO). In these cases, the child's record would be ineligible for sealing.
When Should You Hire a Lawyer to Help with Sealing Your Juvenile Record?
If your child has committed a crime or you are an adult who is concerned about your juvenile record, it is important to have an experienced criminal defense lawyer on your side. At Collins Gann McCloskey & Barry PLLC, we can assist in filing an order of sealing and help explain the consequences of any decisions made during court proceedings. We can also provide advice about when and how to file for youthful offender status or other forms of relief that may be available to minimize the impact the conviction could have on you or your child's future.
At Collins Gann McCloskey & Barry PLLC, our experienced criminal defense lawyers are here to help protect your child's rights as a juvenile. We understand how difficult this situation can be and will do everything we can to ensure that your child receives the best outcome possible.
Call us at (516) 218-5131 or fill out our online form to schedule a consultation so that we can discuss the details of your case.
