If you are a youth in South Carolina it is important to understand how the juvenile justice system works across the state. The South Carolina Department of Juvenile Justice (DJJ) is responsible for the custody of juveniles after they are referred by law enforcement, a Circuit Solicitor, or a school. A juvenile might get put in a detention center, pending a hearing, for committing illegal activity. The Circuit Solicitor for the DJJ has the power to divert a juvenile to a community program or require the juvenile to make restitution for the offense. In addition, a case can proceed with prosecution or get dismissed altogether.
If a Solicitor chooses to prosecute, then the next stage involves a hearing in family court. At McGrath Law Firm we believe that juveniles could benefit from legal representation at this stage in the process. During the hearing, the court decides whether the juvenile is guilty or innocent and the judge generally orders psychological, social, and educational evaluations to be considered in the hearing. The evaluation is intended to help the judge know how to proceed with the case. If a juvenile is found to be delinquent, or guilty, then they may be put on probation or given a fixed amount of time in a holding unit. However, if a youth is given an indeterminate commitment then they will serve until they are twenty-one.
If you have already served time as a youth then you should know that in South Carolina, the public has very limited access to juvenile court records. Your record can be expunged, which means it will be completely destroyed and removed from the records, and from the system. If you do have your record expunged you are not required to report this to a school or potential employers.
A family court in South Carolina can help expunge your juvenile record. In order to qualify for expungement you must be at least eighteen years of age, have a prior adjudication for an offense that would require five years or more in prison if committed as an adult, must not be a violent crime, must have not been charged with any additional crimes, and must have completed full juvenile sentence. In order to file for expungement, an adult can send a petition to the local juvenile court that handled the case.
At McGrath Law Firm we have successfully defended youths who are being convicted of criminal charges. Our team can help you navigate the criminal justice system so that you receive a fair trial for your offenses. In addition it may be helpful to have a lawyer walk you through the expungement process. If you have more questions about the juvenile system or record expungement then you can contact McGrath Law Firm at 843-606-2755.