Juvenile Records:
Juvenile records can have enduring consequences on individuals even after the legal case is closed. Misconceptions about juvenile records disappearing at age 18 and remaining private can lead to unforeseen challenges affecting employment, education, housing, and other aspects of life. Public availability of court, police, DMV, DNA, and fingerprint records can impact opportunities for youth. Denial of employment, suspension of licenses, exclusion from professional licenses, difficulties in education such as transferring credits or facing school discipline, and housing denial are common issues faced by individuals with juvenile records. The implications extend to college applications, housing regulations, fines, immigration status, and more. Overcoming these challenges involves understanding the process of sealing records when charges are dropped or successfully completing probation to initiate the sealing process. Taking proactive steps to seal records can help individuals navigate the consequences of juvenile adjudications effectively.
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Presentation Transcript
Juvenile Records: How Records Can Affect Youth Even After the Case is Over
My juvenile record will just disappear when I turn 18 COMMON MISUNDERSTANDINGS No one will ever find out about my juvenile record I won t have to tell anyone about my juvenile record
COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS IN NEBRASKA
RECORDS Juvenile court records Generally available to the public Police records DMV records DNA & fingerprint records
EMPLOYMENT Denial of employment Driver s license suspension Professional or occupational license exclusion
EDUCATION Reentering local school Credit transfer from a juvenile facility to local school School discipline Special education Missing days of school
EDUCATION The Common Application for College: Have you ever been adjudicated guilty or convicted of a misdemeanor or felony? Note that you are not required to answer yes to this question, or provide an explanation if the criminal adjudication or conviction has been expunged, sealed, annulled, pardoned, destroyed, erased, impounded or otherwise required by law or ordered by a court to be kept confidential.
HOUSING Denial of housing Federal Regulations Local Regulations Eviction Homelessness
OTHER Sentencing enhancements Fees, fines, and restitution Immigration Central registry
WHAT CAN YOUTH DO TO OVERCOME?
SEALING Charges not filed and cases dismissed Should be automatically sealed Adjudications Must successfully complete probation Court should initiate sealing process when respondent turns 17 years old Alternatively, petition court to seal records Sealing hides the record from the public Youth will not need to disclose sealed juvenile record on most employment or housing applications
CLIENTS SHOULD KNOW HOW TO PROPERLY ANSWER Have you ever been convicted of a crime? Have you ever been convicted of a felony? Convicted of a misdemeanor? Have you ever been arrested? Have you ever been on probation?
TIPS FOR CLIENTS: TALKING ABOUT YOUR JUVENILE RECORD Beware since juvenile records are available to the public, many employers and landlords may not understand the charges on the record are juvenile, not adult charges Emphasize how you ve made better choices since, and focus on your positive qualities If you must explain, be very brief (few details) and avoid blaming others Sometimes it s hard to talk about past events practice with a friend or mentor to make sure you feel comfortable Get a letter of recommendation from someone who can assure the employer or college that you are a good candidate
QUESTIONS Arianna Crum Serena Holthe Legal Aid of Nebraska National Juvenile Defender Center 402-435-2161 x.328 202-452-0010 x.112 acrum@legalaidofnebraska.org sholthe@njdc.info
