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

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Since you were a juvenile, your record is not available to the public nor does it have to be disclose since it does not constitute a conviction. Therefore, I do not understand why it is interfering with you getting a job. You can contact the juvenile probation department and request that it be sealed but for juvenile matters, this is usually not necessary.

Answer Applies to: California
Replied: 10/30/2011

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Your records should be seal automatically if not you need to go to court and request it occur.

Answer Applies to: California
Replied: 10/26/2011

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Your record is sufficiently old that you should be able to have it sealed. Since you've just turned 18, you can't find a job and you are trying to seal your juvenile record, you should call your county public defender and ask them to help you seal your juvenile record. The public defender should perform the necessary work at no- or low-cost.

Answer Applies to: California
Replied: 10/26/2011

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Juvinile records are automatically sealed. Employers should not be able to see anything you did before you turned 18.

Answer Applies to: California
Replied: 10/26/2011

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Juvenile cases can be sealed one year after probation has been completed. Contact the juvenile probation department in your county and ask them about the paperwork for getting your juvenile record sealed. They can help you figure out if your probation has been completed or not, and on what date that happened.

Answer Applies to: California
Replied: 10/26/2011

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Your Juvenile records do appear on your criminal record. Upon your 18th birthday, you are eligible to petition to have your juvenile records sealed. Once they are sealed, no one can gain access to them and they will be completely destroyed five years from the date of sealing. However, your juvenile records are not automatically sealed upon your 18th birthday. You must affirmatively petition the juvenile court to have them sealed. Consult with an attorney to find if you qualify for this and how to proceed.

Answer Applies to: California
Replied: 10/26/2011

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There is a procedure for having the case sealed however most people do not bother with it because nobody will see it or know about it unless you tell them. (Except the prosecutor if you get in trouble again.) When you turn in job applications you do not have to mention it because the applications ask about convictions. Almost all juvenile cases are not convictions, they are adjudications. If an employer does a background check they will not see your shoplifting case.

Answer Applies to: California
Replied: 10/26/2011

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Yes, you can hire an attorney to file a motion with the court to seal your juvenile record.

Answer Applies to: California
Replied: 10/26/2011

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Yes, you can always file a PC 1203.4 motion to expunge the conviction. However, you must be off probation and have completed all the terms. It also depends what you were charged with in 2009.

Answer Applies to: California
Replied: 10/26/2011

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.