Legal Question in Criminal Law in Virginia
Can ones juvenile record be admissible in court during the sentencing hearing? I understand the Code of Va states that it can be brought forth for sentences,and pre-sentence reports, however, does this include discussion/ argument by the prosecution of ones record in open court for all to hear? For example xyz should recieve the harshest penalty Your Honor because when he was 15 he committed breaking and entering.....he is now 29 and was so during the trial.
2 Answers from Attorneys
No, I would doubt it since juvenile records are generally suppose to remain under seal for the most part.
Provided they were age 14 or over at the time of the offense, juvenile felony records are open to the general public for any purpose, and remain so for life.
Scary, but true. See here for a more thorough explanation, including relevant Code provisions:
http://www.spranolaw.com/Criminal-Defense/Juvenile-Felonies.shtml.
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