A juvenile case can be stressful for a child and the family, especially when there are concerns about what the incident could mean later in life. Parents may wonder whether a juvenile court record will follow their child into adulthood or appear during future background checks. Tennessee law generally treats juvenile proceedings differently from adult criminal cases, but those records are not necessarily handled the same way in every situation. Understanding how confidentiality and expunction work can provide a clearer picture of what may happen after a juvenile case ends.
Are Juvenile Records Public in Tennessee?
Tennessee generally limits who can inspect juvenile court files and records. Access is typically restricted to people such as the judge, court personnel, the parties and their attorneys, agencies involved in supervising the child, and others with a legitimate interest when permitted by the court.
There are important exceptions. For certain serious offenses involving juveniles who are at least 14 years old, petitions and court orders may be open to public inspection. These exceptions include certain homicide, rape, aggravated robbery, kidnapping, and terrorism-related offenses.
How Is a Juvenile Adjudication Different From a Conviction?
One important distinction is that a juvenile court adjudication generally is not considered a criminal conviction. Tennessee law states that an order of disposition or other adjudication in a juvenile proceeding does not constitute a conviction of a crime, subject to certain statutory exceptions.
This distinction can matter after the juvenile case is over. However, juvenile records can still contain court documents and other information about the proceeding, and certain information may be relevant in limited circumstances. For example:
- Future criminal proceedings: Evidence from a juvenile proceeding may be considered in limited circumstances, including certain felony sentencing matters.
- Firearm-related matters: Tennessee law provides specific exceptions involving firearm eligibility and related records.
- Adult transfer: A case transferred from juvenile court to criminal court can be treated differently because the child may face the adult criminal process.
Because the rules contain exceptions, it is important to look at the actual outcome and circumstances of the juvenile case.
Can a Juvenile Record Be Expunged?
In many circumstances, Tennessee law allows juvenile records to be expunged. The requirements depend on how the case was resolved and the child’s circumstances.
A person who was adjudicated delinquent or unruly may be able to request expunction if statutory requirements are satisfied. Among other requirements, the person generally must be at least 17, must have been removed from the most recent delinquency or unruly adjudication for at least one year, and must meet restrictions concerning adult and sexual offense convictions. The person must also demonstrate a consistent and responsible pattern of conduct before filing.
Other circumstances can involve different procedures, including:
- Dismissed cases: Certain dismissed juvenile cases are subject to expunction as part of the dismissal order.
- Successful diversion: Records following successful informal adjustment, pretrial diversion, or judicial diversion may be eligible for expunction after the applicable period.
- Certain misdemeanor-level offenses: Juvenile records containing only unruly adjudications or delinquency adjudications for offenses that would be misdemeanors if committed by an adult may qualify for expunction after the required period following completion of probation or supervision.
The specific requirements can vary based on the disposition and offense involved, so an old juvenile case should not be assumed to qualify automatically.
What Happens After Expunction?
When a juvenile record is properly expunged under the applicable law, Tennessee provides for the relevant court files and juvenile records to be removed or sealed as required by the expunction order. The law also provides that a person whose record has been expunged under specified provisions is restored to the status held before the arrest, citation, petition, or referral.
Expunction does not necessarily mean that every record held by every agency disappears. For example, Tennessee law separately addresses certain law enforcement records, including fingerprints and photographs, so those records may be subject to different rules.
Discuss a Juvenile Record With Meade Law Group
A juvenile case does not automatically have the same long-term consequences as an adult criminal conviction, but the record and its eventual handling still deserve attention. Understanding whether the case was dismissed, resolved through diversion, resulted in an adjudication, or involved another outcome can help clarify what options may be available. Meade Law Group can review the circumstances of a juvenile case and explain the applicable legal options. Call (423) 464-7779 to discuss a Tennessee juvenile record with Meade Law Group and learn what steps may be available.