FAQs - Juvenile Law

Is a conviction of a criminal delinquency petition in the Juvenile Court a public record?
For a child 14 years of age or older, the record of a conviction of a delinquency offense that would be a felony if committed by an adult is not a confidential record. Other documents in the court file are not open to public scrutiny, such as probation reports, medical or psychological evaluations. Convictions of misdemeanor charges in the Juvenile Court are not public records and confidentiality is protected by State Code.

If my child was adjudicated as delinquent for a first offense on a felony charge and successfully finishes his probation, is it possible to have the case ultimately dismissed?
Yes. Depending on the type of charge and the circumstances of each individual case, Virginia law allows a Juvenile Court Judge to defer a finding of guilt for the offense at the sentencing hearing and to continue the case for a period of time under certain conditions, including probation supervision. Provided that all of the conditions are satisfied, the Court can then enter an order dismissing the petition. The ability to have this option is often the subject of plea negotiations between the prosecutor and the child’s defense attorney. Also, the nature of the offense, and the specific facts and circumstances of the offense will have a significant influence over the ability of the Court to enter this disposition.

Can a Juvenile Court Judge order that a juvenile obtain mental health treatment without the consent of the child?
Yes. For children under the age of 14, the Court may order the child to participate in mental health treatment or hospitalization. In all of these proceedings, the child has the right to be represented by competent counsel.

Will an adjudication of delinquency in the juvenile court impair my child’s ability to get a job?
Depending on the type and nature of the offense, a conviction in the Juvenile Court can affect a juvenile’s ability to secure employment. Even though most juvenile convictions are confidential, if the employer requires answers on job applications regarding drug offenses or crimes involving lying cheating or stealing, the child may find himself in a situation where he cannot mislead the employer. These situations are best resolved after consultation with an attorney who practices in the area of Juvenile Law.

Can an adjudication of a felony delinquency offense impair my child’s ability to be admitted to college?
Colleges and Universities are sometimes asking about juvenile convictions in the application process. If asked, the questions most often concern adjudications of drug charges or felony delinquency petitions. Applicants must avoid false or misleading responses, but confidentiality considerations also apply. If there is a good faith doubt about how an application question should be answered, experienced counsel should be consulted. Even if there have been convictions, most applications allow for explanations about circumstances and history of rehabilitation which will help the college application process.

If a juvenile has a conviction of an alcohol related offense, is there a required suspension of the juvenile’s driver’s license?
Yes. Even for first offense of any alcohol or drug related offense, there is a mandatory suspension of the driver’s license for at least six months. Under some circumstances a judge may grant the juvenile a restricted license to drive under limited circumstances during the period of suspension. If the juvenile is insured under his/her parent’s automobile insurance policy, the suspension may have to be reported to the insurance company at the time of the policy renewal.