Overview Description

Records relating to certain juvenile adjudications can be sealed once a motion is filed with the juvenile court, provided that the petitioner meets certain requirements. Ala. Code § 12-15-136.

Ineligible Category or Citation

The petitioner cannot have been convicted, adjudicated delinquent, or adjudicated a youthful offender of any felony or a misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, prior to the filing of the motion. Additionally, no proceeding seeking the conviction or adjudication can be pending. Ala. Code § 12-15-136(a)(2).

Procedure General

A motion must be filed in the juvenile court. For the specific procedure, see Ala. Code § 12-15-136.

Fees

There is no statutory language regarding fees.

Effect

If a request to seal a record is granted, the proceedings in the case are sealed. The juvenile court can order the release of information in the record of an individual case to any clinic, hospital, or agency that has the person under its care. Ala. Code § 12-15-136(d).

The sealing order is nullified by any subsequent adjudication of delinquency, youthful offender adjudication, or conviction of a felony or misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence. Ala. Code § 12-15-136(e).

Forms

Waiting Periods

The petition can be filed two years after the final discharge of the person from legal custody or supervision, or two years after the entry of any other order of the juvenile court not involving custody or supervision. Ala. Code § 12-15-136(a)(1).

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