Having a record of juvenile delinquency can carry significant consequences that may extend long after a minor serves their sentence. When minors face charges, they and their parents may wonder, “Do juvenile records get sealed when you turn 18 in Wisconsin?” The short answer is that juvenile records do not automatically get sealed. However, Wisconsin law permits juveniles to petition for the expungement of their delinquency records if they meet certain conditions.
The practice of expunging juvenile records aims to offer a fresh start for young individuals. Because expungement is not guaranteed, it may be helpful to discuss your specific circumstances with a Wisconsin criminal law attorney.
Does Your Record Get Cleared at 18 in Wisconsin?
Unlike in states with automatic expungement policies, authorities do not automatically expunge minors’ records when they become adults. In Wisconsin, you must go through specific legal steps to seal or expunge juvenile records. To initiate the process, you must petition the court for expungement. Then, the court will consider several factors, including:
- The nature of the offense
- Your behavior since the incident
- Whether the expungement would benefit the juvenile
- Whether the expungement would harm the public
- The court’s own discretion
If the court grants the petition, your juvenile record can be expunged. This effectively makes it as though the juvenile offense never occurred, at least as far as the general public is concerned.
Status of Your Record After Expungement
Once officials expunge your juvenile record, access to it becomes significantly restricted. Sealed records are not available to the general public, employers, or most agencies conducting background checks. This outcome can greatly improve your chances of securing educational, employment, and housing opportunities without the burden of a mistake you made in your youth.
However, this doesn’t mean the records are entirely inaccessible. Law enforcement agencies, the court system, and certain governmental bodies can still access these records under specific circumstances. For instance, if you were to commit another offense, officials could use your juvenile record in court proceedings or investigations. While expungement offers substantial privacy benefits, it does not provide absolute protection.
Moreover, the expunged record still exists within the legal system. If you’re seeking to have juvenile records expunged, it’s important to understand the limitations of this process.
Exceptions to Expungement of Juvenile Records
Not all juvenile records are eligible for expungement in Wisconsin. Several exceptions can prevent authorities from expunging a record, even if you meet other criteria.
- Certain serious offenses, such as violent or sexual offenses, may not be eligible for expungement. Because these offenses significantly impact public safety, authorities deem maintaining accessible records necessary.
- The court considers your behavior after the incident when determining whether to grant expungement. If you’ve reoffended or shown patterns of criminal behavior, the court is less likely to grant your petition.
- Objections from victims can also influence the court’s decision. The court may weigh these objections heavily, especially if there is substantial opposition to expunging the record.
- Finally, timing plays a crucial role. Typically, individuals must wait until they reach 17 to petition for expungement, and they need to file the petition within a reasonable timeframe.
Get Answers to Your Questions About Juvenile Records in Wisconsin
Especially if this is your family’s first experience with Wisconsin’s juvenile justice system, you likely have many questions about what to expect. A Wisconsin criminal defense attorney with experience representing juvenile clients will be able to answer your questions and provide insight into how the juvenile court system works. Here are some of the most common questions about juvenile delinquency records and how they can impact a juvenile offender in the future.
Do juvenile records appear on background checks?
Do juvenile records get sealed when you turn 18? Juvenile records in Wisconsin generally do not appear on standard background checks upon expungement. When officials expunge a juvenile record, it is not accessible to most employers, landlords, or educational institutions conducting background checks. However, certain entities, such as law enforcement agencies and some governmental bodies, may have access to these records under specific circumstances.
Can my juvenile record be used against me?
In Wisconsin, most situations do not allow anyone to hold an expunged juvenile record against you despite the criminal history. There are exceptions in some cases. If you engage in new criminal activity, the court may consider your previously expunged juvenile record during legal proceedings. Additionally, certain professional licensing boards and government agencies may access your sealed record when assessing your qualifications or suitability for employment.
Are juvenile records public in Wisconsin?
Juvenile records are a matter of public record in Wisconsin. However, the state requires parties seeking access to a juvenile’s delinquency records to go through a specific process to do so. Designated individuals and agencies, such as law enforcement and courts, can access these records under specific circumstances. Expunging a juvenile record further restricts its accessibility, providing greater privacy protection for the individual.
Can the FBI see sealed juvenile records?
Yes, the FBI can access expunged juvenile records in Wisconsin. Although expunging a juvenile record restricts access for most entities, federal agencies, including the FBI, can still view these records for national security, law enforcement investigations, and other official matters. Therefore, while expunging a record offers significant privacy benefits, it does not fully eliminate the possibility of federal access in very specific (and likely rare) circumstances.
Set Up a Consultation with a Wisconsin Juvenile Law Attorney Today
Do juvenile records get sealed when you turn 18? Dealing with the juvenile justice system can be intimidating and confusing. Even if you have successfully completed your sentence, you may have serious concerns about how a record of delinquency can affect your life and future. A knowledgeable Wisconsin criminal defense lawyer who understands the juvenile system can help you understand your options for moving forward, including possibly petitioning to have your record expunged. Working with an attorney gives you access to valuable guidance, increasing the likelihood of a favorable outcome.
Given everything at stake, you need an attorney you can rely on to manage the complicated expungement process for you. Our attorneys at Hart Powell, S.C. have the knowledge and proven track record to guide you through petitioning the court. Reach out online or call us at (414) 271-9595 to arrange a consultation today. Ask us anything related to your case.