Notification Of Right To Request For Sealing Destruction Of Records
Notification Of Right To Request For Sealing Destruction Of Records Form. This is a Alabama form and can be use in Juvenile Statewide.
Tags: Notification Of Right To Request For Sealing Destruction Of Records, JU 13B, Alabama Statewide, Juvenile
American LegalNet, Inc. www.FormsWorkFlow.com § 12-15-136. Proceedings for SEALING legal and social files and records of courts pertaining to certain persons and effect thereof. (a) On motion of a person who has been the subject of a delinquency or child in need of supervision petition, the juvenile court may order the sealing of the legal and social files and records of the juvenile court pertaining to the person if it finds that: (1) Two years have elapsed since the final discharge of the person from legal custody or supervision or two years after the entry of any other order of the juvenile court not involving custody or supervision; and (2) The person has not been convicted or adjudicated delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and no proceeding is pending seeking the conviction or adjudication. (b) The motion and the order may include the records, reports, or information specified in Section 12-15-133. (c) Notice of the motion shall be given by the clerk of the juvenile court to all of the following: (1) The prosecutor. (2) The authority granting the discharge if the final discharge was from an institution, parole, or probation. (3) The law enforcement officers, department, agency, and central depository having custody of the files and records specified in Section 12-15-133 and included in the motion. (d) Upon the entry of the order, the proceedings in the case shall be sealed. The juvenile court, by order in an individual case, may permit inspection by or release of information in the records to any clinic, hospital, or agency which has the person under care. (e) Any adjudication of delinquency or youthful offender or conviction of a felony or misdemeanor involving sexual offenses, drugs, weapons, or violence, or threats of violence, subsequent to sealing shall have the effect of nullifying the sealing order. § 12-15-137. Proceedings for DESTRUCTION of legal and social files and records of juvenile courts pertaining to certain persons and effect thereof. (a) A person who has been the subject of a delinquency petition and has met the conditions stipulated in subdivision (2) of subsection (a) of Section 12-15-136, five years after reaching the age of majority, may file a motion requesting the destruction of all records pertaining to his or her case. If the juvenile court grants the motion, copies of the order shall be sent to all offices, departments, or agencies that are repositories of the records, and all the offices, departments, and agencies shall comply with the order. (b) Upon the entry of a destruction order, all references including arrest, complaints, referrals, petitions, reports, and orders shall be removed from all department or agency official and institutional files and destroyed. (c) A person who has been the subject of a delinquency petition shall be notified of his or her rights under subsection (a) of Section 12-15-136 and subsection (a) of this section and at the time of his or her final discharge. American LegalNet, Inc. www.FormsWorkFlow.com