Mississippi Motion To Seal Juvenile Records

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Multi-State
Control #:
US-03332BG
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Word; 
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Mississippi statutes do not provide a minimum age for emancipation, and courts will decide emancipation cases in the best interest of the minor. For the most part, until they turn 21 (or they are emancipated) minors will be treated as such in criminal cases, including age and status offenses.

When a person under the age of 18 commits a crime in Mississippi, they can face criminal charges as an adult or a juvenile. Unless the crime is particularly violent or serious (e.g., murder, armed robbery, sexual assault), the offense will likely be referred to a Mississippi State Youth Court.

Mississippi law allows courts to expunge and destroy juvenile records. These records can be seen only by a court order.

The youth court judge or referee, a chancellor sitting as a youth court judge, or the judge's designee, and no other judge of another court, may issue an order to take into temporary custody or custody a child within the original exclusive jurisdiction of the youth court, for a period not to exceed forty-eight (48) ...

Child in Need of Supervision A child who has reached his seventh birthday and is in need of treatment or rehabilitation because the child: is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable; or.

(y) ?Durable legal custody? means the legal status created by a court order which gives the durable legal custodian the responsibilities of physical possession of the child and the duty to provide him with care, nurture, welfare, food, shelter, education and reasonable medical care.

It is a crime for any person eighteen (18) or above, who, for the purpose of gratifying his or her lust, or indulging his or her depraved licentious sexual desires, shall handle, touch or rub with hands or any part of his or her body or any member thereof, any child younger than themselves and under the age of eighteen ...

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Mississippi Motion To Seal Juvenile Records