Do Juvenile Crimes Stay On Your Record?

Many people believe juvenile records automatically disappear at age 18, but that is not always the case. While juvenile offenses in Florida are treated differently from adult crimes, they can still have lasting consequences.  If you or your child is facing charges as a minor, it is important to act promptly and strategically to protect the minor’s rights and minimize disruption to their life and future. The following is an overview of how juvenile records work, the potential for expungement, and how a criminal defense attorney can help.

What Does Florida Law Say About Juvenile Crimes?

In Florida, individuals under the age of 18 who commit crimes are typically handled through the juvenile justice system, which is designed to rehabilitate rather than punish. Juvenile offenses can include a wide range of criminal acts—from petty theft or drug possession to more serious crimes like assault or robbery.

Florida law allows for two paths:

• Delinquency Proceedings – Most juvenile cases are processed in juvenile court, focusing on treatment and education.
• Direct File – In certain serious cases, a juvenile may be charged as an adult, which places them in adult court and makes them subject to adult penalties.

Do Juvenile Crimes Stay on Your Record in Florida?

It is a misperception to think that juvenile records automatically vanish at age 18. While some records may be sealed or expunged over time, so there is no access to them, others can remain accessible to law enforcement, schools, and in some cases, future employers or licensing boards. Whether records are accessible depends on the situation:

• Non-serious juvenile offenses may be eligible for automatic sealing at age 21 if the youth has not committed another crime.
• More serious offenses or offenses handled in adult court can remain on record permanently unless expunged through legal procedures.
• Certain felonies or repeat offenses may disqualify a person from automatic sealing or expungement.

Steps to Take If Accused of a Juvenile Crime in Florida

If you or your child is a minor accused of a crime, act quickly and follow these steps:

• Remain Silent and Request an Attorney – Juveniles have the right to remain silent and consult a lawyer before speaking to police. (Miranda Rights)
• Notify a Parent or Guardian – The minor should not face questioning or legal proceedings without a parent or guardian present.
• Attend All Hearings – Failing to show up to court can lead to additional penalties.
• Follow Court Orders – The court may impose probation, counseling, community service, or restitution.
• Avoid Further Trouble – Repeat offenses can make sealing or expungement harder and result in harsher penalties.
• Get Legal Assistance – An experienced juvenile crime lawyer can make sure everything is done properly and the minor’s rights are protected.

Can a Juvenile Record Be Expunged or Erased?

In many cases, juvenile records in Florida can be sealed or expunged. Expungement physically destroys the record, making it inaccessible to the public and most government agencies. Sealing hides the record from public view but does not destroy it; certain government entities can still access it under specific circumstances.

Possibilities for expungement include:

• Juvenile Diversion Expungement: If the juvenile completes a pre-arrest or post-arrest diversion program, they may qualify for expungement.
• Automatic Expungement at Age 21: For minors who commit offenses but do not commit a serious felony or get convicted as adults, records may be automatically expunged at 21.
• Application for Early Expungement at 18: A minor who hasn’t been arrested for 5 years and meets other criteria may apply to have their record expunged early.
• Court-Ordered Expungement: Some cases require filing a petition with the court for discretionary expungement.

Each expungement process has strict eligibility rules, deadlines, and paperwork requirements.

Types of Punishments for Juvenile Offenders

There are several potential punishments and outcomes for juvenile crimes in Florida, depending on the circumstances.  These include:

• Juvenile Diversion Programs: These are programs for first-time or low-level offenders and may include community service, counseling, restitution, or educational programs. Successful completion can result in charges being dismissed
• Probation: These are court-supervised release with conditions like curfews, school attendance, drug testing, or counseling. Be aware that probation violations can lead to more serious penalties
• Juvenile Detention: This involves short-term detention in a Juvenile Detention Center (up to 21 days pre-trial). If found guilty, post-adjudication detention can include placement in residential commitment programs
• Commitment to a Juvenile Residential Program: These programs range in restrictiveness and include:
  • Low-Risk Residential – Short stays, less security
  • Moderate-Risk Residential – Longer stays, structured daily schedules
  • High-Risk Residential – Secure settings with intensive supervision
  • Maximum-Risk Residential – For the most serious offenders (e.g., violent felonies)
• Restitution: The juvenile may be ordered to pay for property damage or medical expenses
• Fines and Court Costs: Payment of court-imposed fines or fees for supervision or counseling

Other Possible Outcomes of Juvenile Crime Cases

There may be additional repercussions for juvenile crime cases that include:

• Transfer to Adult Court (“Direct File”): In serious cases, particularly violent felonies or repeat offenses, the state attorney can charge the juvenile as an adult. This can result in adult prison sentences, a permanent criminal record, and harsher penalties and fewer rehabilitation opportunities
• Adjudication Withheld – Judge does not formally convict, allowing the juvenile a second chance
• Adjudication of Delinquency – Equivalent to a conviction, can impact future opportunities
• Expulsion from School – Especially for weapons or drug-related offenses
• Loss of Driving Privileges – For drug or alcohol offenses
• Sex Offender Registration – In rare cases, for certain serious sex crimes

How a Juvenile Criminal Defense Attorney Can Help

The consequences of being convicted for a juvenile crime are too serious to fight on your own.  When you have an experienced juvenile attorney on your side, your lawyer can help by:

• Protecting the minor’s rights during police questioning and court proceedings
• Advocating for diversion instead of incarceration
• Negotiating plea deals or reduced charges or for diversion programs that keep the offense off a permanent record
• Seeking expungement of the juvenile record and guiding families through the process
• Arguing against transfer to adult court
• Ensuring the juvenile’s rights are protected throughout the process.

A lawyer can also help evaluate whether the case qualifies for early expungement or sealing records and assist with the legal process from start to finish.

Get Help with Juvenile Crime Charges

Juvenile crimes in Florida can impact a young person’s future—but they don’t have to. Many juvenile records can be sealed or expunged, especially with legal help. If your child is facing charges or if you have questions about clearing a juvenile record, consult a Florida criminal defense attorney who understands the juvenile justice system. Taking action early can protect education, employment, and personal opportunities down the road.

At Taracks & Associates, founding attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by making sure the minor’s rights are protected and building a defense tailored to the individual situation.