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1. Are juvenile adjudications of delinquency public knowledge?

Delinquency adjudications become a matter of public record (i.e., anyone can gain access to them), if the following requirements are met:

• The child was 14 years or older at the time of the offense and the conduct would be considered a felony if committed by an adult
• The child was 12 or 13 years old and the conduct would have constituted one or more of the following offenses by an adult:
  • Murder
  • Voluntary manslaughter
  • Aggravated assault (causing serious bodily injury)
  • Arson (F-1)
  • Involuntary deviate sexual intercourse
  • Kidnapping
  • Rape
  • Robbery (inflicting or threatening serious bodily injury)
  • Robbery of a motor vehicle

2. Are the hearings in juvenile court open to the public?

Court rooms are open to the public if the following requirements are met:

• The child was 14 years old or older at the time of the alleged conduct and the alleged conduct would be considered a felony if committed by an adult
• The child was 12 years or older at the time of the alleged conduct and the alleged conduct would have constituted one or more of the following offenses if committed by an adult:
  • Murder
  • Voluntary manslaughter
  • Aggravated assault (causing serious bodily injury)
  • Arson (F-1)
  • Involuntary deviate sexual intercourse
  • Rape
  • Robbery (inflicting or threatening serious bodily injury)
  • Robbery of a motor vehicle
  • Attempt or conspiracy to commit any of the offense in this paragraph

3. Are there financial burdens placed on adjudicated children and their families?

Children who are adjudicated delinquent are required to pay fines and court costs. All children adjudicated delinquent or subject to a consent decree owe $25 to the Victim Compensation Fund and $23.50 to the Judicial Computer Fund, regardless of whether the offense would be a misdemeanor or a felony if committed by an adult. Depending on the offense, the jurisdiction and the legal circumstances, adjudicated youth may be required to pay fines and restitution. For example:

• In some jurisdictions, the child adjudicated delinquent may be required to personally pay the fines, instead of the parents.
• Children may be required to pay victims for damages and out-of-pocket expenses incurred as a result of delinquent conduct, including insurance deductibles, property damages, and the value of stolen items.
• Unpaid fines and restitution may be ordered by the court, converted into a judgment, and could ultimately damage the child's credit.
• Some jurisdictions allow the judge to waive court fees due to undue hardship.

Whenever appropriate, it is the responsibility of the defense attorney to argue that a child does not have the ability to pay a fine or restitution due to age or financial circumstance.

4. Can a juvenile adjudication of delinquency affect the ability of a person to obtain a license to carry a firearm?

Children who have been adjudicated delinquent of certain offenses in Pennsylvania cannot possess or use, or obtain a license to possess or use a firearm when they are otherwise legally permitted to do so.

5. Can a young man or woman enlist in the military if he or she has been adjudicated delinquent of an offense?

A delinquency adjudication may affect an application for military service follows:

• A delinquency adjudication is considered a conviction for a criminal offense under Army regulations.
• The Air Force, Navy, and Marines examine delinquency adjudications on a case-by-case basis.

Military recruiters frequently assist young recruits in getting their juvenile records expunged if those records are not lengthy and the juvenile offenses are not extremely serious. Those convicted of felonies are not eligible for the military without special approval from the Secretary of Defense.

6. Does a juvenile adjudication of delinquency mandate that the child submit a DNA sample that will be kept by law enforcement?

In Pennsylvania, and many other states, children adjudicated delinquent of felony offenses, or the misdemeanor offenses of luring a child into a motor vehicle (M1), indecent assault (M1), or any attempt to commit these offenses, are required to submit a DNA sample.

7. How can a juvenile adjudication of delinquency be expunged?

Juvenile records do not automatically disappear on a child's 18th birthday. Juvenile records can be expunged under the following circumstances:

• Not guilty verdicts (The Court is required to direct that all records connected to the petition in question be destroyed immediately by law enforcement)
• Case dismissals (expungement may be requested 30 days after dismissal)
• Successful completion of consent decrees (expungement may be requested six months after completion if there are no charges pending against the child)
• Successful completion of probation (expungement may be requested five years after completion if there are no subsequent convictions or delinquency adjudications and there are no charges pending.)

A juvenile record may also also be expunged by a court order once a child reaches the age of 18 if the Commonwealth attorney consents to the expungement.

8. Is a juvenile adjudication of delinquency a criminal conviction?

No, under Pennsylvania law, a delinquency adjudication is not a criminal delinquency.

9. Will a juvenile adjudication of delinquency affect driving privileges?

In Pennsylvania, driving privileges will be suspended for periods ranging from 90 days to three years for a variety of delinquency adjudications, including:

• Purchasing, drinking, possessing alcoholic beverages
• Carrying false identification
• Racing
• Careless driving
• Driving to avoid arrest
• Homicide by vehicle or homicide by vehicle while diving under the influence
• Terroristic threats on school property
• Possession, sale or delivery of a controlled substance

Juvenile adjudications of delinquency for driving while under the influence of drugs or alcohol result in mandatory license suspension. In addition, the use of alcohol or a controlled substance to a degree that renders the user incapable of safe driving may result in limited or long - term ineligibility for a driver's license. Notably, a truancy finding in violation of Pennsylvania's compulsory attendance requirements also subjects youth to temporary license suspension or temporary ineligibility for driving permit.

Most other states have similar limitations on driving privileges for these types of delinquency adjudications.