Long-Term Effects of Juvenile Convictions

Florida law automatically expunges (erases) most juvenile criminal records when the former offenders turn twenty-six, which is very good news for these individuals. Many state laws don’t include this possibility. But the bad news is that a juvenile criminal record could haunt a person for at least a decade before the automatic expungement provision takes effect.

So, in many cases, avoiding a conviction is the top priority of a Tampa criminal defense lawyer. Most Florida juvenile courts, which stress rehabilitation over punishment, offer several options in this area, such as pretrial diversion and deferred disposition. Pretrial diversion is a prosecutorial program that often results in pretrial dismissal. Deferred disposition is a judicial program wherein the judge dismisses the case if the defendant successfully completes probation.

Sex Offender Registration

One of the most common juvenile sex offenses is sexual battery in a Romeo and Juliet situation (alleged victim at least 14 and no more than four years age difference between the two parties), except Romeo is a few months too old or Juliet is a few months too young. Unfortunately, “statutory rape” is a highly-charged label, and most people don’t look past the label to see the what was normally an innocent indiscretion.

The good news is a Tampa criminal defense lawyer can ask a judge to waive the registration requirement in a Romeo and Juliet situation. However, a lawyer must lay the foundation for this petition. If the alleged victim endorses the petition, and doesn’t just agree to it or agree not to oppose it, the judge will most likely grant it.

Firearm Ownership

Some juvenile convictions limit firearm ownership and possession rights. Many people don’t connect the dots between these limitations and career choices. Examples include law enforcement, military service, security, and related roles like gunsmithing and firearms instruction. Additionally, some private security positions, such as armed security officers, also require firearms training and certification.

For many young people, finding a job is hard enough. If a firearms limitation narrows the search, a difficult process becomes almost impossible. Generally, pretrial diversion is available in possession cases, and deferred adjudication is available in other cases, especially if the defendant is a first-time offender.

Immigration

Juvenile criminal adjudications generally do not have the same immigration consequences as adult criminal convictions. For example, and most significantly, juvenile convictions are not “convictions” for immigration purposes.

However, juvenile records can be considered as a negative factor in discretionary immigration decision-making and may trigger grounds for inadmissibility or deportability in certain specific cases. Additionally, certain conduct-based grounds of deportation may still apply to non-citizens who were under 18 at the time of the conduct.

Adult Sentencing

Until they fall off the defendant’s permanent record, juvenile convictions are admissible for sentencing purposes in future cases, including future criminal cases in adult court. These sentence enhancements usually make the difference between a sentence like regular or deferred adjudication probation and jail or prison time.

Connect With a Hard-Hitting 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. Convenient payment plans are available.

Source:

fdle.state.fl.us/seal-and-expunge-process/seal-and-expunge-home.aspx