Will the state provide a lawyer to help me expunge my juvenile record?

When minors are arrested and can’t afford a lawyer, they have the right to be represented by a state-appointed attorney. (This right was established in 1967 by a U.S. Supreme Court Case called In re Gault.) The right to be represented in a juvenile case usually extends to the date that the juvenile court formally terminates jurisdiction over the minor, including the period of any appeals.

That said, whether a state-appointed lawyer will help with the process of expunging or sealing a juvenile record depends largely on the circumstances of the case and the timing of the request. Many states explicitly require that young people receive what is called “post-dispositional advocacy” when their case ends. (See, for example, California Rule of Court 5.663.) Among other things, this may mean that if a juvenile’s record can be expunged or sealed immediately or not long after the end of the case, while he or she is still a minor, the juvenile’s court-appointed lawyer or other state representative will take care of the process.

However, some states make no guarantee of post-dispositional help when it comes to restricting the distribution of juvenile records. What’s more, many juvenile records cannot be sealed until the case is long past and the subject of the record has become an adult. And even in states that provide for record-sealing help from the juvenile’s state-supplied attorney, cost-cutting measures may have made this assistance somewhat illusory. For these cases, you must hire a qualified attorney or proceed on your own. To learn whether you qualify for help expunging your juvenile records, contact the court clerk’s office in the court where your case was handled.

by: Shae Irving, J.D.