Overview Description

Records relating to a juvenile delinquency case can be destroyed provided that the petitioner meets certain requirements. Ala. Code § 12-15-137.

Ineligible Category or Citation

The petitioner cannot have been convicted, adjudicated delinquent, or adjudicated a youthful offender of any felony or any misdemeanor involving sexual offenses, drugs, weapons, or violence or threats of violence, prior to the filing of the motion and no proceeding can be pending seeking the conviction or adjudication. 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 § 12-15-137.

Fees

There is no statutory language regarding fees.

Effect

If a request to destroy a record is granted, all references – including references to the arrest, complaints, referrals, petitions, reports, and orders – shall be removed from the files of all departments, agencies, officials, and institutions and destroyed. Ala. Code § 12-15-137(b).

Forms

Waiting Periods

The petition can be filed five years after the juvenile reaches the age of majority. Ala. Code § 12-15-137.

(non-prod server)