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?
2 Answers from Attorneys
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.
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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