There are a few important things to find out in order to determine if the crime can be expunged, and how to do it. Your age at the time of the conviction and the specific level of the crime you were convicted for are two of the controlling factors. For a juvenile between the ages of 7 and 16 who is charged with a crime that would be a crime for an adult, a judge in the Family Court will decide whether to find that person a juvenile delinquent (JD). A JD adjudication should be automatically sealed but is still available to the criminal justice system (i.e., police and prosecutors). If your JD record failed to be sealed, to clear your JD status from the criminal justice system, file a Sealing Motion in the Family Court where your case was heard (NY Family Ct. Act 375.2(1), (6)). There are no filing fees. Juveniles age 16 or over may request the sealing of JD adjudication records not involving "designated felonies", such as first degree murder, arson, kidnapping and certain sexual abuse offenses (NY Family Ct. Act 301.2.). A JD record is sealed by filing a Notice of Motion and Affidavit with the courts within the specified time frame. The Court may seal the record if it is in "the interests of justice". If the court does not seal your record, you can file again in 1 year. If you are 16- 16, 17 or 18 and convicted of a crime as an adult, , the judge might treat you as a youthful offender (YO). A YO record is not a criminal conviction, is automatically sealed, and cannot be seen by anyone with a few exceptions (i.e., the criminal justice system, the public or private elementary or secondary school in which the youth is enrolled, and the statewide registry for orders of protection (CPL 720.35). A YO offense is heard in Criminal court, not Family Court. If your YO record was not sealed and still appears on your criminal record, your sealing motion will need to be filed using the same procedures outlined for sealing adult criminal records, "The Application Process" If your record should have been sealed but was not, then there are 3 simple steps to get it done. 1. Get a copy of your criminal record (rap sheet) online from one of the 2 agencies below. The cost ranges between $55.00 and $61.50. Division of Criminal Justice Services (DCJS) at: http://www.criminaljustice.state.ny.us/ojis/recordreview.htm. This is a fingerprint based search and is only available to you or your attorney. Both sealed and unsealed information will be listed on it and marked accordingly. New York Unified Court System site at: http://www.nycourts.gov/apps/chrs/. This is not a fingerprint based search and so may not be as accurate as the one conducted by the DCJS. This shows your record as an employer will see it. 2. Take a copy of your record to the court where you were convicted (it will be listed on the record). Address, phone number, and hours of operation to the New York courts may be found at:http://www.courts.state.ny.us/litigants/courtguides/index.shtml Ask the clerk of the court for an "official disposition slip". Make sure that it has a seal on it. There is typically a $10.00 - $15.00 fee for this. 3. Mail the slip, along with a letter explaining that you want to have your case sealed, to the following address: Division of Criminal Justice Services Sealed Records Unit 4 Tower Place Albany, NY 12203-3764 In approximately 12 weeks your record should be sealed. You will not automatically be notified of this. You must confirm with DCJS that your record has been sealed by contacting them at the above address.

Answer Applies to: New York
Replied: 11/7/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

A Juvenile record can be destroyed or sealed as appropriate under Chapter 58 of the Texas Family Code. If you are now 18 and the most serious juvenile crime you have been charged is "Child in need of supervision" it can be destroyed. If the most serious crime charged is a misdemeanor (theft under $50 is a Class C, $50-500 is a Class B, and $500-1499 is a Class A) you have to be 21 to have the records destroyed. If the most serious crime charged is a felony, you have to be 31 years of age to have the records destroyed. the most important question for you then is what was the actual finding in court, that you "Stole" or that you were "in need of supervision" and it is what the court determined, not what you were actually detained. Finally, if the theft, regardless of the finding of the court was a Class C - fine only offense, it is treated differently and sealable at 18. Sealing records is easier, and the rules are simple. Has it been at least 2 years since you were adjudicated and have you remained out of trouble. If so, you can apply to have the records sealed. There are a few extra rules if the crime was a felony but you said stealing from a store, I assumed you did not steal more than $1500 in merchandise.

Answer Applies to: Texas
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.