This month the Juvenile Law Center released an impressive pair of reports evaluating national policy on public access to juvenile criminal records. The first report, Juvenile Records: A National Review of State Laws on Confidentiality, Sealing and Expungement, provides a national overview of state laws, and proposes standards to mitigate exposure to collateral consequences as a result of a juvenile record. The report also makes recommendations for policy-makers, courts, defense attorneys, and youth-serving agencies. Supplementing the national overview are fact sheets on the law in each state, including the availability and effect of expungement or sealing, and an overview of the process for obtaining such relief. (These fact sheets can be found by clicking on the relevant state on the map here).
A second complementary report, Failed Policies, Forfeited Futures: A Nationwide Scorecard on Juvenile Records, scores each state on the degree to which it meets the Center’s ideal standards for juvenile record protection. The Center based its evaluation of the states on its “core principles for record protection” including:
This New York Times editorial urges states to seal or expunge juvenile records “so that young offenders are not permanently impaired by their youthful transgressions.” It describes a new study from the Juvenile Law Center that concludes “only a few states have ironclad systems prohibiting employers and members of the public from gaining access to [juvenile] records.”
The first juvenile courts were established more than a century ago on the principle that children deserve special care under the law because they are vulnerable, because their transgressions tend to be nonviolent and because they can be expected, on the whole, to outgrow their youthful misbehavior.
These presumptions are borne out by data showing that 95 percent of young people enter the juvenile justice system for nonviolent crimes like theft or vandalism — behavior they typically leave behind when they move into adulthood. But because some juvenile court records remain open to the public when they should have been sealed or expunged, these young people can be denied jobs, housing and even admission to college.
We’ve just learned that the School of Government at the University of North Carolina has produced a detailed and well-organized online guide to obtaining relief from a North Carolina criminal conviction. You can view the guide here. The guide explains in one place the various mechanisms available in North Carolina for obtaining relief from collateral consequences, including expunctions, judicial certificates of relief, and other procedures.
The guide supplements the School’s Collateral Consequences Assessment Tool, C-CAT, an online tool enabling users to identify the potential consequences of a criminal conviction in North Carolina. C-CAT is user-friendly and has been kept up to date with new laws enacted since its launch two years ago.
The relief guide is organized by the type of relief being sought and includes tables breaking down the specific requirements for relief. It describes special relief provisions for sex offender registration and firearms dispossession, as well as for drug crimes and juvenile adjudications. Features of the online guide include keyword searching, live links to internal and external cross-references such as statutes and forms, cases and opinions, and periodic updates. The guide was prepared by John Rubin, Albert Coates Professor of Public Law and Government.
This guide is the most detailed and user-friendly one we have seen, and should be a model for other jurisdictions.
On October 22 the Washington Lawyers Committee for Civil Rights and Urban Affairs released a report focusing on the problem of collateral consequences in the DC tri-jurisdiction region.
The report, a follow-up to an earlier WLC report on racial disparity in arrests in the District of Columbia, documents the disproportionate impact of collateral consequences on minorities, which makes them “very clearly a civil rights problem.” For example, “although African-Americans make up less than 48% of the city’s population, over 92% of those sentenced by the DC Superior Court in 2012 were African-Americans, whose overall rate of incarceration in DC is some 19 times the rate of whites.” It reports that nearly half of those in DC who have been incarcerated may be jobless with little prospect of finding consistent work, and that “this inability to find work is a major contributing cause of recidivism.” It illustrates the problem of collateral consequences with case studies of five area residents adversely affected by their records in finding employment and housing.
Among the report’s recommendations are that all three jurisdictions should limit the discretion of licensing boards to deny licenses based on criminal records, enact or strengthen ban-the-box laws limiting employers’ use of criminal records, and limit access by most employers to official arrest and conviction records. Respecting the effect of D.C.’s recently enacted ban-the-box law, it reports that D.C.’s Office of Human Resources found that “76% of post-law applicants for municipal jobs who had a criminal record were in fact suitable for government employment, but would likely have been disqualified from consideration for employment if the D.C. law were not in place.” In addition, all three area jurisdictions “should review and improve their existing mechanisms for seeking individualized relief from collateral consequences, through methods like expungement or sealing of records and restoration of rights.”
The WLC press release is here. The report is here.