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    Pegs's Avatar
    Pegs Posts: 7, Reputation: 2
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    #1

    Jul 21, 2006, 07:50 AM
    Can juvenile records be used against you as an adult?
    Hey I'm curious to know if you have a juvenile record but are now an adult and have no adult record. Can your juvenile record be brought up in court as evidence? Or is everything in your juvenile record irrelevant and will be thrown out if you are an adult?
    Thanks,
    -pegs-
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jul 21, 2006, 09:21 AM
    Hello Pegs:

    I don't think there is a yes or no answer to your question. I believe it depends on (1) the particular disposition of your juvenile case, (2) what you were convicted of, (3) the particular laws in that state, and (4) the laws of the state where new charges are contemplated.

    Additionally, even if your record is going to be used against you, it will only affect your sentence. It can not be used as evidence to convict you, even if you are charged with the very same offense you were charged with as a child.

    You may very well be able to read your juvenile disposition online, or you can write to the clerk of court. You may even have to visit the courthouse where the conviction took place. Some juvenile cases are sealed, and I'm not even sure if YOU can take a look, even though YOU'RE the principle.

    Does sealed mean that the new jurisdiction can't get access to those records? It might, but I wouldn't count on it.

    So, the answer to your question is, it depends...

    excon
    Pegs's Avatar
    Pegs Posts: 7, Reputation: 2
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    #3

    Jul 21, 2006, 12:13 PM
    Well I took law and justice in school and I remmeber learning that the public can NOT look at your juvenile records if you are an adult. By law when your turn 18 you have no criminal record. Unless you were tried as an adult you are considered to be clean. But I don't remember if you can use them in court. I don't believe so because you aren't even supposed to bring up prior convictions because they don't have anything to do with the current case. So in turn they are irrelevant. But I do know that when you are a juvenile, they can use your prior offences to prove that you can not be helped, therefore should be tried as an adult. And there is a difference between a criminal record and a juvenile record, a juvenile does not have a criminal record, (unless being tried as adult) they have a juvenile record. Because they are under age and in the laws eyes what they did as a child has nothing to do with what they will do as an adult. But I do not remember if that is just a state law or if it's a national law. It seems like it's a national law but I could be wrong.

    Does anyone else know any more about this? Because Excon still didn't answer my question.

    Oh and Excon I have NO juvenile or criminal record. :)

    Thanks,
    -Pegs-
    DrJ's Avatar
    DrJ Posts: 1,328, Reputation: 339
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    #4

    Jul 21, 2006, 12:29 PM
    Im not too sure either but I seem to remember something about having to go and actually get your juvenille record sealed in order for it "disappear."
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #5

    Jul 21, 2006, 02:24 PM
    Pegs - where do you live?

    If you live in Canada, the answer to your question is NO

    Upon your 18th birthday, your juvenile records are "destroyed".
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7692
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    #6

    Jul 21, 2006, 04:34 PM
    Hello, criminal records in the US are always available somewhere.
    In the US the records of people who are tried in Juvenile records are sealed, this means that they can not be looked at without a court order.

    In general they can not be used unless the defense brings up a point in their case that can be proven false by these records. And there are cases where the defense will show the young man and try to show he was never in trouble before, they are often used in sentencing, to give a longer sentence showing a pattern of crimes.

    Now if the person was under 18 , even 14 or older and was tried in adult court then these are not juvenile records.
    Pegs's Avatar
    Pegs Posts: 7, Reputation: 2
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    #7

    Jul 24, 2006, 06:24 AM
    Thank you... that was what I wanted to know. And no none of the charges would be as adults. All juvenile. Thanks again for everyone's help!
    -Pegs-
    Joe1c's Avatar
    Joe1c Posts: 2, Reputation: 1
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    #8

    Mar 11, 2011, 04:00 PM
    In certain cases a Juvenile record can be used against you like in my case. When I was 16 I was with some friends and we decided to break into a school. We ended up breaking a window and my friend at the time took some computer monitors. So I was charged with a Gross Misdemeanor of aiding and abiding burglary and sentenced to probation, restitution (paying for some of the broken window), and community service. I am now 24 and during a Civil case recently against me petitioned by the Sheriff of my county the opposing attorneys used my Conviction from when I was 16 against me to establish I was a danger and should no longer be allowed to have a Permit to Carry a Handgun. So they took a criminal case from when I was a juvenile 8 years ago and basically said I was the same person I am today. I live in Minnesota and in this state they can use Juvenile records against you in at least civil matters so be careful.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Mar 11, 2011, 04:32 PM
    Quote Originally Posted by Joe1c View Post
    In certain cases a Juvenile record can be used against you like in my case. When I was 16 I was with some friends and we decided to break into a school. We ended up breaking a window and my friend at the time took some computer monitors. So I was charged with a Gross Misdemeanor of aiding and abiding burglary and sentenced to probation, restitution (paying for some of the broken window), and community service. I am now 24 and during a Civil case recently against me petitioned by the Sheriff of my county the opposing attorneys used my Conviction from when I was 16 against me to establish I was a danger and should no longer be allowed to have a Permit to Carry a Handgun. So they took a criminal case from when I was a juvenile 8 years ago and basically said I was the same person I am today. I live in Minnesota and in this state they can use Juvenile records against you in at least civil matters so be careful.
    A civil case, in Minnesota, to deny you a handgun permit? That is strange. Who was suing you? Or were you appealing an administrative denial of a permit? One difference between your case and the OP's is that the prior case (from when you were a juvenile) sounds like it wasn't a juvenile matter, but a regular criminal case.

    The big issue here, it seems to me, is that the prior adjudication, juvenile or not, is not admissible to prove that the adult defendant committed the crime he is presently being charged with. While theoretically "relevant" to some degree, it's likelihood of prejudice outweighs it's probative value, and it is thus excluded.
    Joe1c's Avatar
    Joe1c Posts: 2, Reputation: 1
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    #10

    Mar 11, 2011, 04:45 PM
    Comment on AK lawyer's post
    The Sheriff of my county (Hennepin county, MN) to whom granted me my Permit to Carry about a year ago now has taken it away because it was deemed I was too dangerous to carry. The only other thing I have on my record other than the charge when I was 16 is a Misdemeanor Disorderly Conduct I got in 2007. I have no violent crimes and I have never been arrested for anything other than that juvenile crime. I also have a couple of speeding tickets. They brought up everything thing that has ever been on my record at the civil case even the speeding tickets. I said to myself many times "what does any of these things have to do with me carrying a handgun" since they all happened years ago, but it was kind of a no-win situation because I can't afford legal representation.
    mugwy's Avatar
    mugwy Posts: 1, Reputation: 1
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    #11

    Aug 7, 2011, 12:10 PM
    In Canada your record can still effect to for up to 4 years after you are let off probation, even if you are now a adult. However this is only accessible by the courts.
    PokerKing's Avatar
    PokerKing Posts: 1, Reputation: 1
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    #12

    Mar 28, 2013, 02:51 PM
    Quote Originally Posted by Joe1c View Post
    The Sheriff of my county (Hennepin county, MN) to whom granted me my Permit to Carry about a year ago now has taken it away because it was deemed I was too dangerous to carry. The only other thing I have on my record other than the charge when I was 16 is a Misdemeanor Disorderly Conduct I got in 2007. I have no violent crimes and I have never been arrested for anything other than that juvenile crime. I also have a couple of speeding tickets. They brought up everything thing that has ever been on my record at the civil case even the speeding tickets. I said to myself many times "what does any of these things have to do with me carrying a handgun" since they all happened years ago, but it was kind of a no-win situation because I can't afford legal representation.
    What did you fill out on the concealed license application when they asked if you had prior convictions? What did you say to them at the gun board when the prosecutor asked you in person if you had any previous charges?
    jenn40's Avatar
    jenn40 Posts: 1, Reputation: 1
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    #13

    May 8, 2013, 03:40 PM
    Well I don't know about your juvenile record being destroyed as my daughter just recentley was tried for something and they used her juvenile record against her and that is here in Ontario.. If you know this to be wrong I would like more info if possible as I am pretty upset that they are using it against her..

    Thank you
    Jennifer

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