Found 46 matches.
-
Know the Facts: Juvenile Records in Maine
Tags: Maine | Confidentiality | Member Publications
Following up on the March 2017 release of Unsealed Fate: The Unintended Consequences of Inadequate Safeguarding of Juvenile Records in Maine, which found widespread misinformation about what it means to have a juvenile record in Maine, this new resource answers some of the most frequently asked questions. The Maine Center for Juvenile Policy and Law worked with members of the Juvenile Justice Reform Work Group, the Department of Corrections, the Juvenile Justice Program of the USM Muskie School of Public Service, and other key stakeholders to develop the resource.
-
CJDC's HB 1204 Fact Sheet
Tags: Colorado | Confidentiality | Fact Sheets and Briefs
-
California Alliance for Youth and Community Justice---Three Years of Legislative Victories: 2014 - 2016
Tags: California | Collateral Consequences | Community-Based Alternatives and Supervision | Confidentiality | Crime Data and Statistics | Detention | General System Reform | Girls | Institutional Conditions | School-to-Prison Pipeline | Member Publications
Capsule summary of youth justice reform legislation NJJN member CAYCJ worked to pass 2014-2016.
-
Burdened for Life: The Myth of Juvenile Record Confidentiality and Expungement in Illinois
Tags: Illinois | Confidentiality | Reports | Research
llinois’ treatment of juvenile records is failing the citizens of Illinois.Its confidentiality and expungement laws and policies threaten public safety, produce substantial unnecessary costs, and impede young people’s ability to transition to productive adulthood. While many believe juvenile records are kept confidential, they are not. The erosion of record confidentiality protections over the past 40 years calls into question whether the word “confidential” can be used in good faith anymore.
-
CA - Fact Sheet - AB 1843 (Stone) - Employment Protections
Tags: California | Confidentiality | Fact Sheets and Briefs
Summary of AB 1843of 2016, shielding juvenile records from employer background checks.
-
Florida Decreases Time for Automatic Expunction of Juvenile Records
Tags: Florida | Confidentiality | Legislation
Senate Bill 386 requires the Florida Department of Law Enforcement (FDLE) to automatically expunge the criminal records of youth after the age of 21 if they are not classified as serious or habitual offenders and have not been committed to a youth prison. Prior law required the FDLE to retain these records until the individual reached 24 years of age. Under S.B. 386, youth that meet certain criteria and who are between 18 and 20 years old, can apply to have their juvenile record expunged before the automatic expunction. While past law stated that a minor only has 12 months after the successful completion of a prearrest or post arrest diversion program to file for the expunction of their record, this bill deletes that requirement and allows minors to file after 12 months. Senate Bill 386 was introduced by Senator Nancy Detert and the Fiscal Policy Committee and co-introduced by Senators Soto, Joyner, and Evers. S.B. 386 was signed into law on March 10, 2016.
-
Future Interrupted: The Collateral Damage Caused by Proliferation of Juvenile Records
Tags: National | Confidentiality | Partner Publications
Juvenile records are increasingly available to the public through state police databases or private background check company databases. This Juvenile Law Center report demonstrates how records carry devastating collateral consequences when they remain unprotected and how background check companies sometimes provide inaccurate information.
-
California Strengthens Confidentiality Protections for Immigrant Youth
Tags: California | Confidentiality | Immigration | Legislation
Assembly Bill 899 clarifies that it is unlawful for local and state entities to share confidential information from juvenile court proceedings with federal officials without a court order upon the filing of a petition. The bill also expands the definition of “juvenile information” to include not only the case file, but also information related to the youth, including name, date or place of birth, and immigration status. The stated intent of the law is to ensure that court records from the juvenile justice system remain confidential regardless of the youth’s immigration status. The legislature also reiterated its intent to protect the confidentiality of information connected to juvenile justice court proceedings that are maintained by any government agency, including law enforcement. Assembly Bill 899 was authored by Assembly Member Marc Levine and signed into law on September 4, 2015.
-
North Carolina Juvenile Code Reform Legislation (HB 879) Becomes Effective December 1, 2015
Tags: North Carolina | Confidentiality | Deinstitutionalization | Juvenile Defense and Court Process | Prevention | Legislation
Summary of North Carolina HB 879 (enacted as S.L. 2015-58); increases due process protections for juveniles, reduce further entry of juveniles in the delinquency system, and reduce juvenile confinement.
-
Because Kids are Different: Five Opportunities for Reforming the Juvenile Justice System
Tags: National | Confidentiality | Institutional Conditions | Sex Offender Registries | Youth in the Adult System | Shackling | Partner Publications
This Models for Change document concisely frames five reform policy areas in light of adolescent development: adult transfer, solitary confinement; confidentiality of juvenile records; sex offenses registries; and courtroom shackling.
-
Because Kids are Different: Five Opportunities for Reforming the Juvenile Justice System
Tags: National | Brain and Adolescent Development | Confidentiality | Institutional Conditions | Sex Offender Registries | Youth in the Adult System | Shackling | NJJN Publications
This Models for Change document concisely frames five reform policy areas in light of adolescent development: adult transfer, solitary confinement; confidentiality of juvenile records; sex offenses registries; and courtroom shackling.
-
Juvenile Records: A National Review of State Laws on Confidentiality, Sealing and Expungement
Tags: National | Confidentiality | Partner Publications
Public access to records of juvenile arrests, court proceedings and dispositions can impede successful transitions to adulthood for many youth, especially when these records remain available long after the youth’s involvement with the juvenile justice system has ended. These records can create obstacles for youth seeking employment, education, housing and other opportunities. This review provides an overview of how juvenile records are treated nationwide. In order to provide a comprehensive review, the authors surveyed state statutes, court rules, and case law governing the treatment of juvenile records in each jurisdiction. Because what is codified in law does not always reflect practice, the authors supplemented research, when possible, with interviews with practitioners.
-
California Provides Automatic Dismissal of Juvenile Petitions and Sealing of Records
Tags: California | Confidentiality | Legislation
Senate Bill 1038 requires the Juvenile Court to seal the record and dismiss the charges of youth who have successfully completed probation or diversion in all cases other than those categorized by law as “serious and violent crimes” for which minors may be “direct-filed” in adult criminal court. The legislation allows the court to dismiss charges and seal the records for individuals beyond the age of 21 “in the interests of justice.” The bill permits prosecutors and probation officers to access sealed records only for the limited purpose of determining eligibility for a “deferred entry of judgment” and allows the court to access a sealed file only in order to determine the eligibility of youth who have petitioned the court for continued foster care services.. Senate Bill 1038 was authored by Senator Mark Leno and signed into law on August 22, 2014.
-
Probation Must Provide Youth with Information on Process for Sealing and Destruction of Court Records
Tags: California | Confidentiality | Legislation
California allows youth to petition for sealing and destruction of their court records under certain circumstances and by following specific guidelines. A new law requires the probation department to provide youth with information regarding their eligibility for sealing and destruction of court records and the procedures for requesting such sealing and destruction. All informational materials and forms must be developed by January 1, 2015. A.B. 1006/Act No. 269, signed into law September 9, 2013; effective January 1, 2014.
-
Nevada Increases Sharing of Information to Improve Service Delivery
Tags: Nevada | Confidentiality | Legislation
Nevada law now requires the sharing of juvenile court-involved youth’s educational, welfare, and delinquency records among schools, courts, parole and probation officers, physicians, substance abuse providers, parents, district attorneys, and other entities in order to ensure proper service delivery. The law limits who is eligible to receive such information, emphasizes confidentiality, and prohibits sharing that would violate federal educational or health care privacy laws. The purpose of the law is to ensure proper placement of youth, provision of appropriate services and treatment, and appropriate conditions of probation. Information shared pursuant to the law’s requirements may not be used to deny youth educational, mental health, medical, social, or legal services that the youth would otherwise be eligible for. S.B. 31/Act No. 155, signed into law May 25, 2013; effective July 1, 2013.
-
Minnesota Supreme Court Grants Limited Expungement of Executive Branch Juvenile Records, In the Matter of the Welfare of J.J.P., No. A11-1146
Tags: Minnesota | Confidentiality | Juvenile Defense and Court Process | Court Decisions and Related Documents
Responding to an appeal from an individual with a juvenile record that created barriers to his educational and career pursuits, the Minnesota Supreme Court ruled that courts can expunge some parts of juvenile delinquency records that are held by the executive-branch agencies (e.g., the Department of Human Services and Bureau of Criminal Apprehension). However, the court limited expungement to the court order that adjudicated the youth delinquent. The youth’s arrest records, stays of adjudication, and adjudication petitions held by the executive branch are not expungeable. The court also articulated a new standard in its ruling, stating that “the petitioner bears the burden of proving by a preponderance of the evidence that the benefit [of expungement] to the petitioner outweighs the detriment to the public and the burden on the court.” In the Matter of the Welfare of J.J.P., No. A11-1146, decided May 22, 2013.
-
Indiana Allows Sealing of Juvenile Arrest Records Not Leading to Conviction
Tags: Indiana | Confidentiality | Legislation
Under a new Indiana law, individuals can petition to have their juvenile records sealed if the arrest did not result in an adjudication or if the adjudication was overturned on appeal. If these criteria are met and the individual has no pending charges, the court must seal the records. H.E.A 1482/P.L. 159-2013, signed into law May 6, 2013; effective July 1, 2013.
-
Law Provides for Expungement of Juvenile Prostitution Convictions
Tags: California | Confidentiality | Legislation
California law provides that a person who has reached 18 years of age may petition the court to seal all records relating to his or her case in juvenile court if he or she has not subsequently been convicted of a felony or misdemeanor involving moral turpitude, and if the person has been rehabilitated to the court’s satisfaction. The California State Legislature amended the law to include a person who was adjudicated for prostitution. Such individuals may now petition to have these records sealed without having to show they have not been subsequently convicted of a felony or misdemeanor involving moral turpitude, or that rehabilitation has been attained. Individuals who paid money, or attempted to pay money for prostitution are excluded from the relief provided by the law. A.B. 2040/Act No. 197, signed into law August 27, 2012; effective January 1, 2013.
-
Alaska Changes Access to Department of Health and Human Services Records, H.B. 343
Tags: Alaska | Confidentiality | Crossover and Dual Jurisdiction Youth | Legislation
The Alaska State Legislature added state and municipal child placement agencies to the list of approved recipients of otherwise confidential juvenile delinquency records from the Department of Health and Human Services. The legislation also modified the standards for disclosure of information to the public regarding minors who have been adjudicated delinquent. The law was crafted with the aim of improving collaboration between juvenile justice and child protection agencies. The clarifications included in the law are also intended to reduce the risk of accidental or mistaken disclosure of records. H.B. 343/Act No. 2012-38, signed into law May 24, 2012; effective July 1, 2012 (May 25, 2012 for Section 5).
-
Youth Transferred Back to Juvenile Court Become Eligible for Expungement of Criminal Records
Tags: Maryland | Confidentiality | Youth in the Adult System | Legislation
Maryland amended its expungement provisions to allow youth transferred or “reverse waived” from adult court back to juvenile court for disposition at sentencing to file a petition for expungement and the court is required to grant it. Previously, youth could only file to expunge criminal charges when they were reverse waived to juvenile court prior to trial . S.B. 678/Act No. 563, signed into law May 22, 2012; effective October 1, 2012.
-
Youth with Deferred Dispositions May Be Given Conditional Release
Tags: Maine | Community-Based Alternatives and Supervision | Confidentiality | Legislation
Maine law now allows conditional release under the supervision of a community corrections officer as an option for youth with deferred dispositions. The law was enacted in an effort to help youth who are charged in the delinquency system keep their records clean/sealed. H.P. 1206/Act No. 480, signed into law and effective March 1, 2012.
-
Collecting DNA from Juveniles
Tags: Confidentiality | Reports
Little is known about laws authorizing the collection of DNA samples from juveniles, so little is known on how to improve confidentiality and address other concerns. "Collecting DNA from Juveniles" attempts to fill the gap in knowledge regarding the highly sensitive area of DNA collection.
-
Washington Joint Legislative Task Force on Sealing Juvenile Records, Report, January 2012
Tags: Washington | Collateral Consequences | Confidentiality | Reports
2011 law established a joint legislative task force on sealing juvenile records, whose final report includes various proposals around record sealing along with cost estimates.
-
Delaware Allows for Expungement of Juvenile Records, H.B. 177
Tags: Delaware | Collateral Consequences | Confidentiality | Legislation
Finding that “juvenile arrest records are a hindrance to a person’s present and future ability to obtain employment, obtain an education, or to obtain credit,” the Delaware General Assembly passed a law that requires juvenile arrest and delinquency records to be expunged in specific situations.
-
North Carolina Provides for Expungement of Youthful Offender Criminal Records, S.B. 397
Tags: North Carolina | Collateral Consequences | Confidentiality | Youth in the Adult System | Legislation
North Carolina law now provides for expungement of criminal records for 16- and 17-year-olds charged as adults who are first-time offenders.
-
Testimony of Texas Criminal Justice Coalition on H.B. 961, Restricting Access to Youth Records
Tags: Texas | Collateral Consequences | Confidentiality | Testimony
A Texas law makes all records or files related to a youth convicted of a fine-only misdemeanor (other than a traffic offense) confidential. Prior to the legislation, any youth convicted of a fine-only misdemeanor had to wait two years before his or her record was sealed; within the two-year window, a background check by a public entity would reveal the conviction.
-
Texas Restricts Access to Youth Records, H.B. 961
Tags: Texas | Collateral Consequences | Confidentiality | Legislation
A Texas law makes all records or files related to a youth convicted of a fine-only misdemeanor (other than a traffic offense) confidential. Prior to the legislation, any youth convicted of a fine-only misdemeanor had to wait two years before his or her record was sealed; within the two-year window, a background check by a public entity would reveal the conviction.
-
Oklahoma Creates Juvenile Justice Reform Committee, H.J.R. 1065
Tags: Oklahoma | Confidentiality | General System Reform | Juvenile Defense and Court Process | Prevention | Legislation
The Oklahoma Legislature created the Oklahoma Juvenile Justice Reform Committee in order to thoroughly and systematically study the efficiency and effectiveness of the state’s juvenile justice system and provide recommendations for revision to the Oklahoma Juvenile Code. Topics covered by the committee include prevention, confidentiality, “youthful offender” certification/reverse certification, and due process.
-
Oklahoma Creates Juvenile Justice Reform Committee, S.B. 674
Tags: Oklahoma | Confidentiality | General System Reform | Juvenile Defense and Court Process | Prevention | Legislation
The Oklahoma Legislature created the Oklahoma Juvenile Justice Reform Committee in order to thoroughly and systematically study the efficiency and effectiveness of the state’s juvenile justice system and provide recommendations for revision to the Oklahoma Juvenile Code. Topics covered by the committee include prevention, confidentiality, “youthful offender” certification/reverse certification, and due process.
-
Washington Youth May Petition Courts to Seal Certain Records; Legislature Protects Youth from Consumer Reporting, H.B. 1793
Tags: Washington | Collateral Consequences | Confidentiality | Legislation
Washington State juvenile courts may seal the records of youth who committed Class A felonies and sex offenses. The law also states that if a youth receives a full and unconditional pardon, the proceedings in the matter upon which the pardon was granted must be treated as if they never occurred, and the youth may reply accordingly to any inquiry; all court and law enforcement records must be destroyed within 30 days. Lastly—addressing a practice that keeps many formerly system-involved youth from achieving their career goals—law now prohibits any consumer reporting agency from including in a consumer report the subject’s juvenile records if he or she is 21 years of age or older at the time of the report.
-
Nebraska Moves Toward More Positive Treatment of At-Risk and Court-Involved Youth, L.B. 800
Tags: Nebraska | Confidentiality | General System Reform | Status Offenses | Legislation
The main provisions of the law include phase-out by January 1, 2013 of the detention of status offenders who violate a valid court order; codification of a program of graduated sanctions for youth who violate probation; provision of a clear and comprehensive process for sealing many juvenile court records; prioritization of certain grant money for programs that reduce the detention population; the establishment of a pilot project allowing law enforcement to issue civil citations to youth in place of making an arrest; and a shortened timeline for completion of post-adjudication evaluations.
-
Washington Establishes Task Force on Sealing Juvenile Records, S.B. 6561
Tags: Washington | Collateral Consequences | Confidentiality | Legislation
Law establishes a joint legislative task force on sealing juvenile records, whose final report includes various proposals around record sealing along with cost estimates.
-
Massachusetts Supreme Judicial Court Upholds Homeless Youth’s Expectation of Privacy, Commonwealth v. Porter P., 2010
Tags: Massachusetts | Confidentiality | Court Decisions and Related Documents
The Massachusetts Supreme Judicial Court found that the warrantless search of a youth’s room at a shelter for homeless families, and the seizure of his firearm, violated the Fourth Amendment to the United States Constitution and Massachusetts law. The court further found that the youth’s statement to the police regarding the firearm should be suppressed as “fruit of the poisonous tree” of the illegal search and seizure.
-
Sharing Information to Improve Outcomes and Protect Privacy in the Juvenile Justice System, Part 2, Lourdes Rosado, Council of State Governments Justice Center Webinar
Tags: Confidentiality | Presentations
Presentation through Models for Change’s Information Sharing Project on the framework, principles and guide to information sharing.
-
Illinois Prohibits Sending Juvenile Arrest Records to Federal Bureau of Investigation, S.B. 1030
Tags: Illinois | Collateral Consequences | Confidentiality | Legislation
An Illinois law prohibits the transfer of confidential juvenile arrest records from the Department of State Police to the Federal Bureau of Investigation, to further prevent the unnecessary release of confidential juvenile data. The law also improves the process for juveniles with arrests for misdemeanor offenses to clear their records.
-
Texas Youth May Have Records Sealed Immediately After Successful Completion of Drug Court Program, H.B. 2386
Tags: Texas | Collateral Consequences | Confidentiality | Legislation
Texas juvenile courts may seal the record of an eligible youth immediately after he or she successfully completes a drug court program.
-
Maryland Youth Gain Opportunity for Record Expungement, H.B. 1227
Tags: Maryland | Collateral Consequences | Confidentiality | Legislation
Youth in Maryland may petition for the expungement from the criminal system of an adult charge upon transfer of the case back to the jurisdiction of the juvenile court.
-
Washington Courts Must Seal Records of Youth Who Have Successfully Completed Deferred Disposition, H.B. 1954
Tags: Washington | Collateral Consequences | Confidentiality | Legislation
Washington courts are now required, within 30 days after a youth’s 18th birthday, to seal a youth’s records of deferred disposition, provided that the youth does not have any pending charges.
-
King County Resource Guide: Information Sharing (2nd Edition) - Uniting for Youth
Tags: Washington | Confidentiality | Mental Health and Substance Abuse | Reports
Resource guide from Models for Change providing direction on information-sharing between staff from the following agencies: probation, detention child welfare, juvenile rehabilitation, law enforcement, schools, mental health treatment and substance abuse treatment, court appointed special advocates.
-
Connecticut Strengthens Protections for Youth in Families with Service Needs Cases, Connecticut, H.B. 5926/Public Act 08-86
Tags: Connecticut | Community-Based Alternatives and Supervision | Confidentiality | Risk Assessment and Screening | Legislation
Improves the due process rights of children in families with service needs cases and clarifies issues of confidentiality of mental health screenings and assessments.
-
Illinois Increases Confidentiality of Juvenile Records, Illinois, Public Act 95-0123
Tags: Illinois | Confidentiality | Legislation
Increases confidentiality of records in both pending and non-pending cases.
-
New Mexico Increases Confidentiality of Juvenile Records, New Mexico, H.B. 738
Tags: New Mexico | Confidentiality | Legislation
Prohibits the New Mexico Supreme Court from displaying on their public website the names of persons under age 18 found to be delinquent of an offense.
-
Arkansas Limits Sources to Whom Juvenile Records May Be Released, Arkansas, H.B. 2248/Act 742
Tags: Arkansas | Confidentiality | Legislation
Provides the Division of Youth Services and any community organizations working with the Division a list of parties to whom they may release records that personally identify a juvenile.
-
Montana Improves Privacy Protections, Montana, S.B. 426
Tags: Montana | Confidentiality | Legislation
Requires that certain records emerging from the youth court (mental health, medical records, schooling) be sealed on the youth's 18th birthday.
-
Testimony Against Wisconsin A.B. 99, Wisconsin Council on Children and Families
Tags: Wisconsin | Confidentiality | Sex Offender Registries | Reports
Testimony of Wendy Paget, calling for judicial review of any dissemination of juvenile records for sex offender registries.
-
Action Alert on Wisconsin A.B. 99, Wisconsin Council on Children and Families
Tags: Wisconsin | Confidentiality | Sex Offender Registries | Reports
Action alert against a bill that would allow a sheriff or police to release information from the juvenile sex offender registry if they believe it is in the best interest of the public to receive this information. Alert states that juvenile records should remain sealed, with only judges able to determine the scope of dissemination of juvenile sex offender registry information.