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A criminal mistake doesn't have to derail your child's future

Posted
Palm Beach County court house

In this article, you’ll find answers to questions like:

1. What are the requirements for expungement?
2. What are the next steps?
3. What happens at age 21?

Kids make mistakes. Some kids make big mistakes.

So you may be relieved to learn that even if your child has been convicted of a crime, you may be able to have your teen’s criminal record erased — or expunged — before it’s time to apply for a job or college.

That's because Florida aims to give juveniles a fresh start when they become adults, according to the Palm Beach County Clerk & Comptroller’s office.

It's important to note, however, that “only one arrest will be removed in Florida,” says Karina Rodriguez-Matzen, the former self-service administrator for the county clerk.

1. WHAT ARE THE REQUIREMENTS?

Your child can apply to have their record expunged under one of two programs, Rodriguez-Matzen says. Here is the breakdown of eligibility requirements:

Juvenile Diversion Expunction

• May apply before age 18

• Offense must be a nonviolent misdemeanor, such as driving with a suspended license

• Have no other juvenile or criminal charges

• Completed an authorized juvenile pre-arrest or post-arrest diversion program

Early Juvenile Expunction

• Must be between ages 18 and 21

• No criminal offense within five years

• Acquired State Attorney approval

Both of these have a few steps. First, applicants need to obtain a certificate of eligibility by completing the county clerk’s $5 self-service packet or by downloading a free application on the Florida Department of Law Enforcement website, Rodriguez-Matzen says. 

Fingerprinting is required at an authorized agency, and a certified copy of the disposition (or completion) of the case must be included. Dispositions are available in the Unified Family Court on the third floor of the main courthouse in West Palm Beach and at three branches in Belle Glade, Delray Beach and Palm Beach Gardens.

Early Juvenile Expunction cases require a $75 fee enclosed in the application to Florida Department of Law Enforcement.

“Then you wait and wait,” Rodriguez-Matzen says. The department often has a six-month backlog on processing applications.

2. WHAT ARE THE NEXT STEPS?

If your application is approved, the next steps are to file a petition and affidavit in support with the Unified Family Court and pay a $42 processing fee. The clerk will forward the application to the juvenile court, and a judicial assistant will reach out with a hearing date.

“Remember to attend the hearing and bring the order of expunction for the judge to sign,” Rodriguez-Matzen says.

The clerk will send copies of the order to the various agencies listed on it. Once the order is entered, people don’t have to reveal their juvenile records on college or most job applications, Rodriguez-Matzen says. Military branches, law enforcement agencies, school districts and state agencies will be notified of the expunged record and likely will ask about it, she says.

3. WHAT HAPPENS AT AGE 21?

If a person waits until age 21, the state will automatically erase their criminal records for free, Rodriguez-Matzen says, as long as they were not classified as a habitual juvenile offender or committed to a juvenile correction facility or juvenile prison. In those cases, the records are erased at age 26.

People who don’t qualify include minors convicted as an adult of a forcible felony, such as armed robbery, and people charged or convicted with a forcible felony after turning 18.
Their juvenile records will merge into their adult records, according to the county clerk’s website.

SOURCE:
• Karina Rodriguez-Matzen, former self-service administrator, Palm Beach County Clerk & Comptroller

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