Notification Of Right To Request For Sealing Destruction Of Records {JU-13B} | Pdf Fpdf Doc Docx | Alabama

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Notification Of Right To Request For Sealing Destruction Of Records {JU-13B} | Pdf Fpdf Doc Docx | Alabama

Last updated: 4/11/2017

Notification Of Right To Request For Sealing Destruction Of Records {JU-13B}

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State of Alabama Unified Judicial System JU-13B Rev. 7/13 Page 1 of 2 NOTIFICATION OF RIGHT TO REQUEST FOR SEALING/DESTRUCTION OF RECORDS Court Case Number IN THE JUVENILE COURT OF __________________________________ COUNTY, ALABAMA (Name of County) NOTICE TO _____________________________________________________: I am pleased to advise you that you are discharged from supervision in your delinquent and/or child-in-need of supervision case(s) before the Court as of _____________________________. If you are able to avoid future delinquent and criminal behavior: Two years after the above date, you may file a motion with the Court to have your file and court records sealed. When you reach the age of 24, you may file a motion with the Court to have your file and court records destroyed. In both cases it will be up to you to initiate the action by filing a motion with the Court. The Court will not issue a reminder to you, but the staff of the Circuit Clerk's Office can provide you with an appropriate motion form whenever you request one. To make sure you understand your rights and the opportunities you have under the law, it is recommended that you read the law on the reverse side of this document and keep it in a safe place for future reference. Date Read and Explained by (Signature) Title I ACKNOWLEDGE HAVING BEEN READ THIS NOTICE BY THE ABOVE-NAMED PERSON. Date Signature of Child 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. Proceedings for DESTRUCTION of legal and social files and records of juvenile courts pertaining to certain persons and effect thereof. § 12-15-137. (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

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