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Rating the States: Giving Kids A Second Chance

| November 22, 2014

Many people assume that one of the key differences between the juvenile and adult criminal justice systems is that juveniles are able to get their records sealed or expunged once adjudicated. The thing is, very often that doesn’t happen.

There are many reasons that we have separate systems for juveniles and adults. It is very important to keep juveniles accountable for their decisions and mistakes. Lack of consequences for dangerous behavior would be extremely detrimental to all children’s safety. But it is also important to remember that these decisions and mistakes don’t have the same indicative quality that they have when made by adults. A juvenile that commits a low-level property crime is still very likely to move on and become a contributing adult instead of an imprisoned offender on the government’s dime.

But a criminal record is something that makes this extremely difficult to do. A non-sealed juvenile record prevents admittance to many medical schools and is a potential bar to law schools as well as military service. And even without express bars, many employers do background checks and are more likely to refuse employment to someone with a record. Such a bleak future makes it much more difficult to push oneself through an education and into a career.

Very recently the Juvenile Law Center, a nonprofit law firm, released a scorecard for the nation, looking at the protections offered to juveniles in all fifty states and rating them based on the availability of confidentiality and expungement. What they found was startling.

Expungement and/or sealing makes such a beneficial action much more likely. But, the Juvenile Law Center shows, the majority of states make that difficult for most juveniles. New Mexico was rated the highest and given four stars. A few other states also managed to reach that number. Texas and California were among them. But the vast majority of the states were rated well below that.

And now, once you separate out the results, it becomes clear that many states have few confidentiality provisions at all. Arrest records and court records are not protected in lots of states, like Georgia and Michigan. And quite a few states actively make these available to the public on online databases or through individual requests. And even states that do have protections often don’t have sanctions for the violation of those protections.

These protections are there or a reason. Giving youth a second chance often provides them with an opportunity to get an education, a job, and provide for families. But failing to do this often results in unemployment and increased likelihood of recidivism. This compromises public safety and increases government spending in corrections. Providing for confidentiality and enforcing it is critical to the successes that have occurring in several states criminal justice systems. Other states should take note and make sure they aren’t neglecting to take advantage of these opportunities.

 

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DIANNA MULDROW is a graduate of the University of Texas School of Law, where she focused on criminal justice and education policy. She has interned in the Governor’s Office, for the Chair of the State Board of Education, and most recently at the Texas Public Policy Foundation’s Center for Education Freedom and Center for Effective Justice. She is now employed as a policy analyst for Right on Crime, focusing on juvenile justice. Muldrow has worked on many research papers and articles – for Texas and several other states – advocating for reforms in criminal justice that protect public safety in a cost-effective manner.

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