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Minnesota juvenile records not private records
JUVENILE RECORDS NOT ALWAYS PRIVATE RECORDS
Minnesota Juvenile Crimes and Juvenile
Many people believe that juvenile offenses are not
serious and that they are extinguished or sealed when a
juvenile reaches the age of 18. Unfortunately,
that is not correct. A juvenile record can be long
lasting and it can have a significant impact on a
juvenile's ability to find employment or rent apartments
as an adult.
Certification as an Adult.
Some juvenile records are certified to adult court
automatically by operation of law. For example,
any first degree murder conviction is certified to adult
Certification to adult court may also occur based on
a motion from the prosecution. Juveniles over the
age of 13 can be certified into adult court when the
prosecutor files a motion for adult certification in a
felony case. That is often the case in matters
involving criminal sexual conduct, assault or murder.
Having experienced counsel to combat that certification
can mean the difference between an indefinite criminal
record and a record that is sealed to the public or only
A DWI case is also treated as an adult criminal
offense if the juvenile is age 16 or 17 and charged with
another misdemeanor or gross misdemeanor traffic
Traffic offenses for juveniles ages 16 or 17 are also
under adult court jurisdiction pursuant to
Minnesota Statutes Sec. 2560B.163, Subd. 1.
Predator/Sex Offenses Require Public Registration
Any court order requiring registration of a juvenile
ages 16 or 17 as a sexual offender is a public record.
If the juvenile is considered a level 3 sexual offender,
the registration record is also public. So too is a
juvenile order certifying a juvenile as an adult and
convicted of a requisite felony.
Public Hearings in Juvenile Court
Although juvenile hearings are often private, some
proceedings are open to the public. Specifically,
proceedings are open to the public for any 16 or 17 year
old charged with a felony offense or in any case where
the court has extended juvenile jurisdiction (EJJ).
Motions may be filed by parties or on the court's own
motion for some proceedings to remain private.
Having experienced counsel to shield a juvenile charged
with a felony from public scrutiny can be an important
consideration in any juvenile case.
Public Records in Juvenile Court
Juvenile records may become public records if a
juvenile is 16 years or older and charged with an
offense that would be a felony if committed by an adult.
This is codified under Minnesota Statutes Sec.
260B.171. Interestingly enough, parents are often
deceived when felony charges are reduced or dismissed.
If the original charge would have been a felony for an
adult, any plea to a reduced charge or a dismissal would
remain a public record.
Juvenile Records Accessible to Agencies and
Often parents believe that a juvenile record will not
affect their children once they reach adulthood.
However, under Minnesota Statutes Sec. 260B.171 and
Minn. Stat. Sec. 245A there are exceptions even for
misdemeanors. A court may always unseal a juvenile
record and juvenile records are automatically accessible
to licensing agencies such as the Department of Human
Services. A juvenile record may preclude an adult
from working in the health care field, in a daycare,
educational field, foster care or from possessing a
firearm. Juvenile records are also always
accessible to law enforcement agencies.
There are many juvenile offenses that require law
enforcement to notify that juvenile's school officials.
School notification must occur when a juvenile is
charged (not convicted) of a controlled substance crime
including possession, possession with intent to sell or
possession of substances with the intent to manufacture
methamphetamines, possession of a small amount of
marijuana, possession of drug paraphernalia or
possession, consumption or purchase of alcohol.
School notification must also occur if the offense is
one where protection of a victim is necessary. That may
occur where assault, criminal sexual conduct,
terroristic threats, harassment or similar offenses are
For a Consultation Call
Attorney Maury D. Beaulier at 612. 240.8005.
More than 16 years representing individuals in juvenile
court matters. Aggressive and affordable.
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JUVENILE LAW LINKS
The Truancy Intervention Project
Residential Facilities for Juvenile Offenders
Office of Legislative Auditor
Number of Adult & Juvenile Probation cases by County
Department of Planning
Number of Adult & Juvenile Offenses
Department of Planning
Reported Number of Crimes by Category for each County
Department of Planning
Download Minnesota Juvenile Rules of Procedure