QUESTION

Is 2nd degree burglary for a minor on their permanent record?

Asked on Nov 30th, 2012 on Criminal Law - Michigan
More details to this question:
My 14 year old son and 2 friends broke into the school to horse around. This is the first time they got in trouble. They broke a window trying to throw something on the roof. Will this be on their permanent record? How much trouble will they be in?
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9 ANSWERS

James Edward Smith
No.
Answered on Apr 11th, 2013 at 11:18 AM

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John J. Carney
A burglary charge is very serious if you are an adult, but a minor will usually get Youthful Offender Treatment in New York, (or the equivalent in other states) and get a YO conviction, which is not a criminal conviction, but it will hurt you if you try to get a job with the government, police, FBI, or certain other matters. You need to talk to him about decision making, drugs, drinking, statutory rape, shoplifting, and all the other things young men and boys do for whatever reason. This shows he is not a good decision maker and does not understand that getting arrested will ruin his future, employment, reputation, and lead to a lot of problems.
Answered on Dec 09th, 2012 at 10:35 PM

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If the judge decides that the allegations are proven, he may rule that the child is a status offender or a delinquent. A second juvenile court hearing is held to determine the disposition of the matter. If the juvenile is not considered dangerous to others, he may be put on probation. While on probation, he must follow the rules established by the court and report regularly to his probation officer. Other treatment options include community treatment, like making restitution to the victim or performing community service; residential treatment, in which a juvenile is sent to a group home or work camp, with a focus on rehabilitation; and nonresidential community treatment, in which the juvenile continues to live at home but is provided with services from mental health clinics and other social service agencies. After your son turns eighteen, he can petition for the court to seal his records. After five years, the records are then destroyed.
Answered on Dec 09th, 2012 at 6:48 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Unless he was tried as a minor it should be a non-public record. He can also file to have it expunged once he reaches 24 provided he stays out of trouble in the meantime.
Answered on Dec 07th, 2012 at 1:48 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Without looking at the sentencing order, I cannot say with certainty. The judge may have given him a break and maybe agreed to a deferred finding. If that is the case,m and your son complied with certain court imposed conditions, it may not be a permanent part of his record. Absent that it is probably there.
Answered on Dec 07th, 2012 at 12:23 AM

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Criminal Law Attorney serving Lancaster, NH at Harden Law Office
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All criminal offense for juveniles under 17 in NH are sealed. This offense should not be on child's record.
Answered on Dec 07th, 2012 at 12:20 AM

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Your son in theory could be facing custody time. However, if he is doing well in school and this is an isolated incident he would most likely get some form of home on probation. Eventually he may be able to have his record expunged or sealed.
Answered on Dec 06th, 2012 at 5:02 PM

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It will be on their record unless you resolve the case with an alternate option. Otherwise, this will stay on the minor's record until the age of 30. Consult with an attorney to discuss all options including any potential defenses.
Answered on Dec 06th, 2012 at 4:13 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Juvenile records are not sealed and therefore the issues will appear on his record if he is convicted, he needs an attorney and, hopefully will qualify for a diversion program which will prevent a recorded conviction.
Answered on Dec 06th, 2012 at 4:11 PM

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