Collateral Consequences of Juvenile Cases in Florida
Popular myth maintains that juvenile convictions, and all their direct and collateral consequences, automatically fall off a permanent record when a juvenile becomes an adult. We understand how this myth started.
Generally, most juveniles are automatically eligible for record expungement when they turn 21 or 26 (depending on the nature of the case). However, the juvenile, who’s now an adult, must file a petition, pay a filing fee, and jump through some other hoops. Additionally, a juvenile expungement order often doesn’t affect law enforcement records and the collateral consequences of a conviction which are discussed below.
This difficulty underscores the need for a Tampa criminal defense lawyer to vigorously advocate for defendants before the judge’s gavel falls. If the judge never utters the magic words “I find you guilty,” the direct and indirect consequences of juvenile crimes are never a problem. In direct contrast, a conviction often haunts people for the remainder of their lives.
Name in the System
As mentioned, expungement orders usually don’t affect law enforcement records. So, as far as local law enforcement officers are concerned, the juvenile offender is always a “criminal.”
If a crime occurs in the area, investigators often start with former offenders. Investigators reason that a former offender either committed the new crime or knows something about it. As a result, the juvenile-turned-adult is subject to additional, and unwanted, law enforcement scrutiny.
Roughly the same thing happens when the JTA is pulled over for a traffic violation. The arrest pops up on the officer’s computer. If that happens, in many cases, the officer brands the driver as a troublemaker, and things go downhill from there.
Finally, since the conviction remains in judicial records, if the JTA gets in trouble again, it’s harder for a Tampa criminal defense lawyer to successfully resolve that case.
On a related note, in Florida, a juvenile conviction usually results in drivers’ license suspension or ineligibility. If the young person ignores this problem, prosecutors could file additional criminal charges later.
School Issues
Generally, this collateral consequence only lasts until the JTA is 21 or 26, assuming the court expunges the record. But many events occur during that time period that have lifelong effects.
Juvenile convictions often prompt school disciplinary proceedings. At a disciplinary hearing, even though it’s separate from the criminal proceeding, anything the juvenile says is admissible in criminal court. So, a contrite and sincere apology, which is often effective in civil matters, could torpedo a criminal defense. Additionally, an apology and a promise to go forth and sin no more often does not prevent adverse actions, such as suspension or expulsion.
This problem continues when the student graduates high school. Some college applications ask about school discipline, juvenile adjudications, convictions, and crimes. The “wrong” answer could bar admission, and lying on the form is even worse.
Furthermore, although juvenile adjudications don’t automatically disqualify an applicant from receiving federal student loans, Pell Grants, or other such assistance, a conviction affects the process. Moreover, private scholarship funds can usually make up any eligibility rules they want.
Connect With a Savvy Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Virtual, home, and jail visits are available.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0812/Sections/0812.0155.html
