Written by Background Check Repair
Criminal Records | April 26, 2024
Table of Contents
Many people wonder, Do felonies go away at 18?
Getting into trouble with the law as a juvenile can be a complicated situation from a legal perspective, and many individuals have questions about how it will affect their future.
Unfortunately, understanding how juvenile records work in every state can be confusing since every state has it’s own set of laws and regulations concerning juvenile crime, punishment, and resolutions.
The good news is that most states make it so juvenile felonies and other crimes have a minimal impact on adult life. But in others, certain steps must be taken to minimize the impact of a felony charge that occurred while underage.
This guide explains how juvenile records work in every state, the answer to ‘do felonies go away at 18,’ and what to do to reduce the impact of details found in a background check report after you turn 18.
In the vast majority of states and the majority of felonies themselves, the records are automatically sealed when a person turns 18.
Like most felonies, the specifics of the laws are left up to the state where the crime occurred, meaning things vary from state to state. However, despite the differences between states, it is still very likely to get a juvenile felony expunged or at the very least sealed.
The issue of getting a record expunged vs sealed is a big source of confusion amongst many individuals who have felonies or even misdemeanors on their juvenile records. In general, getting a record expunged is a more thorough way of making the record “go away,” that is to minimize the effect of a past crime on your future life.
However, getting a record sealed will often have a similar if not identical effect on things like passing background checks.
A record that has been expunged has essentially been destroyed. The crime and the sentence that accompanied it will essentially disappear. From a legal standpoint it’s like the crime never happened and any lasting repercussions, such as failing background checks due to having a felony conviction on your record, will also disappear.
On the other hand, sealing a record basically makes it inaccessible to the public. Since all criminal records are normally considered public information, this means that individuals can no longer view the records through a background check, contacting the court house, or any of the other methods normally used to obtain public records. However, the record does still exist.
Although it is unlikely to affect you, should an individual with a sealed record get into legal trouble again, the sealed record may come back into play when law enforcement access it.
Although getting a record expunged is always preferred, certain states will only allow certain crimes to be expunged or will only expunge crimes when specific criteria are met that would warrant the record being completely thrown out. Many states will only allow juvenile records to be sealed, rather than expunged. This mostly depends on the state in question and the crime that was committed.
Many individuals may have heard that any misdemeanors or felonies that are committed as a juvenile automatically disappear when you turn 18. Unfortunately, this is not always the case, only a handful of states will automatically seal or expunge records when the individual turns 18. Even in states that automatically seal juvenile records, certain crimes will be exempt.
Although the odds of a juvenile felony getting automatically sealed when the individual turns 18 are fairly low, there is still a very good chance that the record can be sealed or expunged. The vast majority of states will allow almost all crimes committed by juveniles to have a chance to be expunged or at least sealed when the individual turns 18.
This usually does not happen automatically. Instead the individual will often need to petition to have the record sealed or expunged by the courts.
Once this is done, it is usually up to a judge to read the details of the case and the reason that the individual feels they should be expunged or sealed and make the decision.
Although this sounds like a nerve-wracking process, in most cases it is relatively easy to get a juvenile record expunged or sealed. Adult records, especially felonies, are extremely difficult to get sealed or expunged however, the legal process is generally much more forgiving when it comes to crimes committed by juveniles.
When individuals have the question of Do felonies go away at 18? They are generally referring to the record being sealed.
The majority of individuals with felonies on their juvenile record will be able to seal the record when they turn 18, but it doesn’t always happen automatically.
Not all states automatically seal juvenile records, so it is very important to understand how the laws work regarding juvenile records in each state. The laws vary from state to state regarding what crimes can be sealed vs expunged, the process for getting any record sealed or expunged, as well as how accessible juvenile records are compared to adult records.
One thing to consider when trying to answer questions like, do felonies go away at 18? Is how the individual was tried for the crime. In many situations, usually depending on the severity of the crime and the age of the individual that committed the crime, the court may see it fit to try the individual as an adult, rather than as a minor. This is most famously reserved for serious crimes like homicide when committed by individuals who are close to turning 18 however, the courts may decide to try a minor as an adult for a variety of reasons.
The states that automatically seal juvenile records are:
If this is the case, then the juvenile laws are no longer relevant as the individual is viewed as an adult in the eyes of the court and thus subject to adult laws and criminal proceedings.
Use the table below to learn about juvenile laws in each state.
Each state has its own set of laws and expungement processes.
It is generally not possible to purchase a firearm with a felony on your record. Even if the felony was committed when the individual was a minor, if the felony is still present on the individual’s record, they will still be exempt from purchasing a firearm.
Certain felonies may be eligible for expungement, especially if it was juvenile felony. If the individual is able to get the felony successfully expunged from their record, they would technically be eligible to purchase a firearm as far as the criminal history check is concerned.
Those asking questions like, Do felonies go away at 18? Are usually concerned about how their juvenile record will affect employment. Unless there is a state or local law that prohibits an employer from using certain criminal history information against an applicant, then a juvenile record can absolutely be used against an applicant for employment.
As mentioned, not all states will automatically seal crimes when the individual turns 18. Therefore, even if the crime was committed when the individual was only 15 years old, if the record was not automatically sealed and the individual did not go through the legal process of having the record sealed, then an employer will have access to it and thus it will have an impact on a background check.
This is one of the reasons it is so important to understand the local laws regarding juvenile convictions. Going through a simple legal process of having a record sealed can make a huge difference as an adult when it comes to finding employment. Although many employers will be willing to overlook juvenile convictions, not bothering to go through the trouble to have them removed will often reflect poorly on the individual in the eyes of a potential employer.
When a juvenile record is sealed, it makes it unavailable for public view however, official entities may still have access to it. All criminal records are generally considered public information in the U.S. unless they meet certain criteria such as Expunged records, sealed records, records involving an active investigation, records that could be used to find someone for purposes of retaliation, etc. This means that anyone can view almost any criminal record by simply making a request with the courts.
When a record is sealed, it essentially makes the record invisible to the public. The general public will not be able to access the record through the courts as they would any other record. Since most pre-employment background checks use court and police databases to perform criminal history checks, it also means that the record will be invisible to background check agencies.
When a record is sealed, rather than expunged, the record itself still exists. Who has access to a sealed record will depend on the state, but in most cases, only official agencies will have access. Usually, this will be law enforcement and adjacent agencies such as the county prosecutor. For example, should an individual with a sealed record get into trouble with the law again, the sealed record could potentially factor into their punishment.
Juvenile records are something that can affect individuals for the rest of their lives if they are not careful and aren’t aware of local laws regarding juvenile felonies and misdemeanors. Understanding how juvenile records work in your state and being able to answer questions like, do felonies go away at 18, will ensure that a juvenile crime doesn’t impact your adult life.
What happens to a juvenile record when an individual turns 18 will depend on the nature of the crime and the state where the crime was committed. In general, there will be a strong possibility of getting the record sealed or even expunged. Some states will seal juvenile records automatically, whereas others will require the individual to petition to have the record sealed in front of a judge.
One of the easiest ways to see if a juvenile record is sealed, and to see anything else that may be on your record, is to perform a background check on yourself. This can be done using a private background check service or through the courts where the crime was tried.
Felonies committed by minors have a strong possibility of getting sealed when the individual turns 18. However, only a few states will automatically seal records, other states will require individuals to go through a petition process to get the records sealed, with the decision being made by a judge.
Juvenile record confidentiality laws will vary from state to state. In general, juvenile records are not as publicly accessible as adult records. Adult records can normally be obtained through a request with the courts, whereas juvenile records will often require a court order which will require a legitimate reason to obtain. Adult records can be obtained for the sake of curiosity and nothing more.
Felonies committed as a minor are far more likely to go away compared to adult felonies. In some states, juvenile felonies will be automatically sealed when the individual turns 18, whereas in other states the individual will have to petition for the record to be sealed.
Individuals with expunged or even sealed records are legally allowed to answer ‘no’ on a job application that asks about being convicted of a crime. Being able to answer ‘no’ to these kinds of questions as part of job interviews etc. is one of the main reasons that individuals get records sealed or expunged.
No, expunged records will not show up as part of a fingerprint background check. When a record has been expunged, it means the record has essentially been destroyed. This is different from sealed records which still exist and are just not available to the public.
Generally, no. Juvenile mugshots are protected under most state laws, preventing people from looking them up. With particularly heinous crimes, some mugshots will be released by law enforcement.
Yes, most states provide the legal process to charge juveniles with felonies. However, some states will not allow juveniles to be tried as adults.
1Arizona Supreme Court. (2019, August 27). Application for Destruction of Juvenile Records [Form No. AOCJVPA3F]. Retrieved July 22, 2022, from <https://azcourts.sharepoint.com/:w:/s/CourtForms/EQaDniegq4tOifvbbCLY6soBEWHQr1XvAjpx7cUOHpNb0g?e=McOjVx>
2The City of New Orleans. (2017, August). Louisiana Children’s Code Article 925 Motion for Expungement and Sealing. The City of New Orleans. Retrieved July 22, 2022, from <https://www.nola.gov/juvenile-court/forms/forms-files/expungement-form/>
3Colorado Judicial Branch. (2021, October 11). Petition to Expunge Court Records [Form No. JDF 302]. Colorado Judicial Branch. Retrieved July 22, 2022, from <https://www.courts.state.co.us/Forms/PDF/JDF302.pdf>
4Commonwealth of Massachusetts. (2018, October 11). Petition to Expunge. Mass.gov. Retrieved July 22, 2022, from <https://courtforms.jud.state.ma.us/publicforms/PROB0002>
5Connecticut Judicial Branch. (2015, October). Erasure of Record Petition/Order [Form No. JD-JM-012]. State of Connecticut Judicial Branch. Retrieved July 22, 2022, from <https://jud.ct.gov/webforms/forms/JM012.pdf>
6The Delaware Judiciary. (2022, January). Expungement of a Juvenile Record [Form No. 282M and Form No. 282D]. Delaware Courts Judicial Branch. Retrieved July 22, 2022, from <https://courts.delaware.gov/forms/download.aspx?id=90008>
7Equal Justice Wyoming. (2015, August). Expungement of Criminal Records. Equal Justice Wyoming. Retrieved July 26, 2022, from <https://equaljustice.wy.gov/application/files/6115/5888/9433/Expungement_Handout.pdf>
8Florida Department of Law Enforcement. (2019, October). Early Juvenile Expunction [Form No. FDLE40-028]. Florida Department of Law Enforcement. Retrieved July 22, 2022, from <https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Early-Juvenile-Expungement.aspx>
9Hawaii Judiciary. (2022). Juvenile Proceedings. Hawai’i State Judiciary. Retrieved July 27, 2022, from <https://www.courts.state.hi.us/self-help/juvenile/juvenile_proceedings>
10Illinois Courts. (2018, January). Request to Expunge Juvenile Records [Form No. EXJ-R 3203.1]. Illinois Courts. Retrieved July 22, 2022, from <https://www.illinoiscourts.gov/Resources/d3a0ccb2-1bd3-4761-8f7b-7c70291ca33a/Request_Juv_Exp.pdf>
11Iowa Judicial Branch. (2022). Court Forms. Iowa Judicial Branch. Retrieved July 27, 2022, from <https://www.iowacourts.gov/for-the-public/court-forms/>
12Judicial Branch of California. (2021, January 1). Request to Seal Juvenile Records [Form No. JV-595]. California Courts Self-Help Guide. Retrieved July 22, 2022, from <https://www.courts.ca.gov/documents/jv595.pdf>
13Kansas Judicial Council. (2013, May 1). Petition for Expungement [Form No. 408]. Kansas Judicial Council. Retrieved July 22, 2022, from <https://www.kansasjudicialcouncil.org/legal-forms/juvenile-offender/miscellaneous-forms-390-410/408-petition-expungement>
14Kentucky Court of Justice. (2017, June). Order for Expungement of Juvenile Record Upon Petition [Form No. AOC-JV-29]. Kentucky Court of Justice. Retrieved July 22, 2022, from <https://kycourts.gov/Legal-Forms/Legal%20Forms/JV-29.1.pdf>
15Maine Judicial Branch. (2021, December). Petition to Seal Juvenile Case Records [Form No. JV-043]. State of Maine Judicial Branch. Retrieved July 22, 2022, from <https://mjbportal.courts.maine.gov/CourtForms/FormsLists/DownloadForm?strFormNumber=JV-043>
16Maryland Judiciary. (2022, January). Petition for Expungement of Juvenile Records [Form No. JUV-11-506.1]. Maryland Courts. Retrieved July 22, 2022, from <https://mdcourts.gov/sites/default/files/court-forms/juv-11-506.1.pdf>
17Michigan Judiciary. (2021, April). Application to Set Aside Adjudication(s) [Form No. JC 66]. Michigan Courts. Retrieved July 22, 2022, from <https://www.courts.michigan.gov/4a7e18/siteassets/forms/scao-approved/jc66.pdf>
18Minnesota Judicial Branch. (2010, June). Notice of Hearing and Petition for Expungement. In Expungement of Your Juvenile Delinquency Record. Minnesota Judicial Branch. Retrieved July 22, 2022, from <https://www.mncourts.gov/Documents/4/Public/Forms/Juvenile_Expungement-_Single_Case_Packet.pdf>
19Missouri Courts Judicial Branch of Government. (2022). Criminal Forms. Missouri Courts Judicial Branch of Government. Retrieved July 27, 2022, from <https://www.courts.mo.gov/page.jsp?id=649>
20Montana Department of Justice. (2022). Conviction Expungement Process. Attorney General Austin Knudsen Montana Department of Justice. Retrieved July 27, 2022, from <https://dojmt.gov/enforcement/conviction-expungement-process/>
21Nebraska Judicial Branch. (2022, March). Motion to Seal Records [Form No. JC 15:1]. State of Nebraska Judicial Branch. Retrieved July 22, 2022, from <https://supremecourt.nebraska.gov/sites/default/files/JC-15-1.pdf>
22New Jersey Judiciary. (2020, June). Instructions for Petition for Expungement [Form A]. In How to Expunge Your Criminal and/or Juvenile Record. New Jersey Courts. Retrieved July 22, 2022, from <https://www.njcourts.gov/forms/10557_expunge_kit.pdf>
23New Mexico Courts. (2022). Expungement. New Mexico Courts The Judicial Branch of New Mexico. Retrieved July 22, 2022, from <https://lawlibrary.nmcourts.gov/expungement/>
24New York State Office of Court Administration. (2021, June 9). Sealed Criminal Records. NYCourts.gov. Retrieved July 22, 2022, from <https://nycourts.gov/courthelp/Criminal/sealedRecords.shtml>
25North Carolina Judicial Branch. (2018, April). Petition and Order of Expunction Under G.S. 15A-146(a) and G.S. 15A-146(a1) [Form No. AOC-CR-287]. North Carolina Judicial Branch. Retrieved July 22, 2022, from <https://www.nccourts.gov/assets/documents/forms/cr287-en.pdf?A8imr2.f8x7zJHZ7Dy97Jyayq2KEDo_G>
26North Dakota Supreme Court. (2022). Rule 19. Juvenile Records. State of North Dakota Courts. Retrieved July 22, 2022, from <https://www.ndcourts.gov/legal-resources/rules/ndrjuvp/19>
27Office of the Executive Secretary, Supreme Court of Virginia. (2007, December). Motion and Order for Expungement and Destruction of Juvenile Records [Form DC-587]. Virginia’s Judicial System. Retrieved July 26, 2022, from <https://www.vacourts.gov/forms/district/dc587inst.pdf>
28Oklahoma Judicial Center. (2019, March 5). Supreme Court of Oklahoma Juvenile Courts. Oklahoma State Courts Network. Retrieved July 22, 2022, from <https://www.oscn.net/UniformOrders/default.aspx>
29Oregon Judicial Department. (2022, January 1). Expunction Application – Youth [(ORS 419A.260 et seq.)]. Oregon Judicial Department. Retrieved July 22, 2022, from <https://www.google.com/url?client=internal-element-cse&cx=017270664345420165392:dfijahrazdc&q=https://www.courts.oregon.gov/forms/Documents/ExpunctionApplication-Youth.doc&sa=U&ved=2ahUKEwj4lJGKvZT5AhX2l2oFHT8FB1gQFnoECAEQAQ&usg=AOvVaw2WtBpi563O6ti_ORqQzuH>
30Rhode Island Judiciary. (2020, June). Motion to Expunge or Seal Record – Misdemeanor [Form No. FC-85]. In Instructions for Filing a Motion to Expunge or Seal Record. Rhode Island Judiciary. Retrieved July 25, 2022, from <https://www.courts.ri.gov/PublicResources/forms/Family%20Court%20Forms/Motion%20and%20Affidavit%20to%20Expunge%20or%20Seal%20Record%20-%20Misdemeanor.pdf>
31State of Alaska·- Department of Public Safety. (2022). Request to Seal Criminal Justice Information [Seal Req 2-04]. State of Alaska – Department of Public Safety. Retrieved July 26, 2022, from <https://dps.alaska.gov/getmedia/1c3d2bfe-2f0c-4c05-a168-7b4669dab0b3/RequestToSealCrimInfo.pdf;.aspx>
32South Carolina Judicial Branch. (2019, July). Court Forms. South Carolina Judicial Branch. Retrieved July 25, 2022, from <https://www.sccourts.org/forms/dspFormID.cfm?formID=SCCA492>
33South Dakota Unified Judicial System. (2022). UJS Pro Se Expungement Forms. South Dakota Unified Judicial System. Retrieved July 25, 2022, from <https://ujslawhelp.sd.gov/Expungement.aspx>
34State of Alabama Unified Judicial System. (2016). Petition for Expungement of Records [Form No. CR-65]. Alabama Law Enforcement Agency. Retrieved July 22, 2022, from <https://www.alea.gov/sites/default/files/expungement-forms/Expungement-PetitionForExpungementOfRecords.pdf>
35State of Arkansas. (2022). Criminal History. Arkansas Department of Public Safety. Retrieved July 26, 2022, from <https://www.dps.arkansas.gov/crime-info-support/arkansas-crime-information-center/forms/criminal-history/>
36State of Georgia. (2022). File Request to Expunge a Criminal Record. Georgia.gov. Retrieved July 26, 2022, from <https://georgia.gov/file-request-expunge-criminal-record>
37State of Idaho Judicial Branch Supreme Court. (2007, April 26). Idaho Juvenile Rule 28. Expungement. State of Idaho Judicial Branch Supreme Court. Retrieved July 27, 2022, from <https://isc.idaho.gov/ijr28>
38State of Indiana. (2017, July 28). Verified Petition for Expungement of Juvenile Delinquency Records [Form No. D-16.04]. IN.gov. Retrieved July 22, 2022, from <https://www.in.gov/ipdc/files/2017.7.28-FINAL-Expungement-Form-Delinquency.doc>
39State of Mississippi Judiciary. (2022). Order Sealing Records Involving Child. In Youth Court Forms. State of Mississippi Judiciary Administrative Office of Courts. Retrieved July 22, 2022, from <https://courts.ms.gov/trialcourts/youthcourt/youth_court_forms.pdf>
40State of New Hampshire. (2011, January 1). Petition to Expunge (Remove) [Form No. NHJB-2135-DF]. New Hampshire Judicial Branch. Retrieved July 22, 2022, from <https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2135-df.pdf>
41State of Utah. (2022). Expungement Forms and Applications. Utah Department of Public Safety. Retrieved July 25, 2022, from <https://bci.utah.gov/expungement-forms-and-applications/>
42Supreme Court of Nevada. (2021, April 13). Online Forms by County. Supreme Court of Nevada Law Library. Retrieved July 22, 2022, from <https://nvcourts.gov/Law_Library/Resources/Forms/Online_Forms_by_County/>
43Tennessee State Courts. (2022). Motion for Expungement of Juvenile Offender Records. TNCourts.gov. Retrieved July 25, 2022, from <https://www.tncourts.gov/sites/default/files/docs/expungement_motion_0.pdf>
44Texas State University. (2021, April). Forms. Texas State. Retrieved July 25, 2022, from <https://www.tjctc.org/tjctc-resources/forms.html>
45The Unified Judicial System of Pennsylvania. (2019, July 1). Motion for Expungement Pursuant to Pa.R.J.C.P. 170. The Unified Judicial System of Pennsylvania. Retrieved July 22, 2022, from <https://www.pacourts.us/Storage/media/pdfs/20211001/172055-motionforexpungementjuvenilefillable.pdf>
46Vermont Judiciary. (2019, July). Petition to Expunge Juvenile Diversion Record [Form No. 400-0017]. Vermont Judiciary. Retrieved July 25, 2022, from <https://www.vermontjudiciary.org/sites/default/files/documents/400-00171.pdf>
47Warren County Ohio. (2022, August 5). Sealing & Expungement. Warren County The Incredible County. Retrieved July 22, 2022, from <https://www.co.warren.oh.us/probate_juvenile/juvenile/forms/ApplicationToSealExpungeRecord.pdf>
48Washington State Administrative Office of the Courts. (2015, July). Motion and Declaration to Seal Records of Juvenile offender (MTAF) [WPF JU 10.0300]. Washington Courts. Retrieved July 26, 2022, from <https://www.courts.wa.gov/forms/documents/JU10_0300_MTAFseal.doc>
49The West Virginia Judicial System. (2019, June 4). Expungement Instructions [SCA-C900]. West Virginia Judiciary. Retrieved July 26, 2022, from <http://www.courtswv.gov/lower-courts/expungement/SCA-C900.pdf>
50The Wisconsin Court System. (2019, November). Petition to Expunge Court Record of Adjudication/ Recommendation of District Attorney [Form JD-1780]. Wisconsin Court System. Retrieved July 26, 2022, from <https://www.wicourts.gov/formdisplay/JD-1780.pdf?formNumber=JD-1780&formType=Form&formatId=2&language=en>
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