Legal Question in Criminal Law in Virginia

Privacy rights for Juveniles

If a person is charged as a juvenile (which charge would be dismissed pending fulfillment of certain obligations), and that juvenile spends 3 months in an adult detention center because he has since turned 18 years old and is not allowed to go to a juvenile facility, will that time spent in jail be a part of ''public record''. Since juvenile records are supposed to be sealed and confidential, can people (potential employers, etc.) legally find out that he spent time in jail?


Asked on 2/16/01, 4:17 pm

2 Answers from Attorneys

Glenn R. Tankersley Regency Legal Clinic

Re: Privacy rights for Juveniles

That's a darn interesting question.

Look up on your search engine the Virginia General Assembly and go to the Assembly's official web site. It has a searchable Virginia Code there, as well as any pending bills and resolutions. Look for � 16.1-306. Expungement of court records.

If you read that rather lengthy code section, I believe all will be revealed to you.

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Answered on 4/02/01, 3:52 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Privacy rights for Juveniles

In most cases the court record, which is, of course, a public record will not reveal where

a defendant actually served any time imposed

in his case.

For example I have had clients convicted of crimes

for which they received sentences that are normally expected to be served in the state penitentiary, but they actually served all of their sentences in the local county jail. The

Commonwealth's Department of Corrections never

got around to transferring them to a state facility,and, the court records themselves gave no

indication of where these defendants actually "did

their respective times."

The answer to your question is that the court record itself, irrespective of whether it's later

expunged, would most likely not indicate where

the young man actually served his time.

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Answered on 4/03/01, 8:14 pm


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