Here’s another guest post by Boise Attorney Courtney Peterson, this time it’s all about juveniles.
Can your child’s juvenile conviction be expunged?
For most offenses, getting your child’s juvenile conviction is not as difficult as getting an adult conviction expunged. Idaho law states that anyone sentenced in the juvenile’s system for having committed a felony offense or committed to the department of juvenile corrections (through probation or actual detention) may petition the court for an expungement. The timeline for expungement is as follows:
1. After the expiration of five years from the date of termination of the continuing jurisdiction of the court, or
2. Five years from the date of the juvenile’s release from the juvenile detention center, or
3. After the reaching the age of 18, whichever occurs last.
Expungement doesn’t only apply to felonies. If your child committed a misdemeanor or status offenses only and has not been committed to the department of juvenile corrections, the process is a little easier. The timeline for this expunging a misdemeanor or status offense is:
1. After the expiration of one year from the date of termination of continuing jurisdiction of the court, or
2. After reaching the age of 18 years, whichever occurs later.
As with everything, there are a few exceptions. If you or your child was convicted of the following crimes, even as a juvenile, the record cannot be expunged:
1. Administering poison with intent to kill
2. Aggravated battery
3. Armed robbery
5. Assault with intent to commit a serious felony
6. Assault with intent to commit murder
7. Assault or battery upon certain personnel
8. Forcible sexual penetration by use of a foreign object
9. Infamous crime against nature, committed by force or violence
10. Injury to child
12. Murder of any degree
13. Rape, excluding statutory rape
14. Ritualized abuse of a child
15. Sexual exploitation of a child
16. Unlawful use of a destructive device or bomb
17. Voluntary manslaughter
18. Felony drug charges that allege occurring on or within 1,000 feet of the property of any public or private primary or secondary school
19. Felony drug charges related to drug trafficking or manufacturing
Your child’s future is important. Give us a call if you have any questions.