Terry, the judge only has to sign if the kid has been found "not innocent" in a juvenile court. Now what's so bad is that potentially, an 11yo could be on probation 6 mos in NC, then get off and never break a law again, move to this state and be 17yo trying to get a learner's permit or license and then has to find a way to get the form to a judge to approve.
The judges put a restriction on licenses for kids who shouldn't be driving and DMV is able to look that up online with the kid's SS# so it's a moot point and a PITA for the family and the judges- especially when court clerks tell you that they can't take it to the judge because the offense wasn't in this jurisdiction. Well, the form specifically says it is to be a judge in "your jurisdiction" - as in where you live now. In this case, if E hand't had a PO still in his life I don't know how we'd ever been able to get it before a judge- the judges don't want to deal with signing approval or disapproval on every DMV app for every kid ever found "not innocent" as a juvenile in any juvenile court. It's a way the governor has found around the law- if it's legally justified to prevent a kid from getting a license (previous juvenile offense involving a vehicle or owing restitution and making no effort to pay it, as examples), the judges restrict it and DMV doesn't allow it and that's understanble- this is an additional newer requirement that allows judges to disapprove the license anyway or to keep it caught in the legal system's 'black hole' so DMV won't take the app and just because a judge doesn't want to take the time to look up all these old cases. According to PO, legally, DMV isn't even allowed to ask if a kid has been found not innocent in a juvenile court.
I noticed on a federal app for employment that they only ask for juvenile offenses committed after age 16yo and not expunged- shoot, based on that, E would still be qualified for federal employment because he was younger than 16yo when he committed the last offense. He's over the age now though and I'm stressing that to him- he might still be a minor but that cushion of protection is almost completely gone. The only thing he has left at 17yo is that they can't house him in a completely adult jail/prison should he get incarcerated again until after he turns 18 or 21. But he still could get tried in adult court and the privacy, etc, would be gone.
As far as the license in this state- a parent has to sign off on 40-45 hours of driving experience with the learner's after driver's ed is taken and still sign permission before the kid goes to a "ceremony" at juvenile court to get the "real" driver's license signed off on by a judge. I think this is statewide and applies to all kids under 19yo whether they've ever been to juvy court or not, but I can't swear to that. So, Terry, you could let your son get the learner's around 16yo and still make sure he doesn't get his permanent driver's license until 18yo and that he gets all the experience you want. That's why I'm not too worried about E getting one so soon after getting out of Department of Juvenile Justice. Plus, he took the written portion of driver's ed in Department of Juvenile Justice but it didn't count and in order for it to count with DMV and the courts, he has to have the Behind-the-Wheel portion which requires the learner's permit. Mainstream schools in VA give both portions in 10th grade PE, which is a required course. It would have cost me over $400 to get all this done privately if I'd insisted on waiting until a later time. It's a life skill so I'd just as soon E go ahead and get it under these circumstances.