The Importance of Making Juvenile Records Confidential

The goal of the juvenile justice system is to rehabilitate minors, not lock them up.

According to statistics provided by FBI clearance data, juveniles are responsible for one out of eight violent crimes. The Federal Juvenile and Delinquency Act characterizes juvenile delinquency as an act that is otherwise a crime, but committed by someone less than 18 years of age. Focusing on rehabilitation of juvenile offenders is the norm throughout the United States. However, for rehabilitation to be successful juvenile delinquency records must stay confidential.

History

Beginning in the 20th century, juveniles in the United States had their own court system. This delineated the difference in treatment of adult and juvenile offenders. Historically, the adult criminal court system has focused on punishment while the juvenile court system seeks rehabilitation. The focus on rehabilitation led to the importance of keeping juvenile records confidential.

Stigma

Maintaining confidentiality of juvenile records is central to the rehabilitation process. Releasing these records to the public would inhibit rehabilitation by attaching the shame of a criminal record onto young offenders. Once that happens, a juvenile is less likely to successfully complete rehabilitation.

Expunction

Sealing juvenile records is important, but many courts go a step further and have juvenile records completely erased. Even sealed records are accessible to some public agencies. This can hurt juvenile offenders when applying for college or governmental jobs. Destroying these records protects minors from discrimination because of a youthful crime.

State Law

Initially, there were no state laws sealing juvenile records, but states still adhered to keeping them private. However, states eventually passed laws maintaining the confidentiality of juvenile records because of the rehabilitation factor. Even when courts have orders to provide a juvenile's record, officials keep the best interest of the child in mind.

Opposition

Starting in the 1990s with increasing violent juvenile crime, public opinion of confidential juvenile records changed. People now agree that protecting the public is more important than giving juveniles confidentiality. This shift in opinion has created pressure for state lawmakers to pass new legislation. Additionally, federal and state courts have ruled that juveniles have no right to sealed criminal records under the Constitution.

References

• Juvenile Justice Reform Initiatives in the States
• State Legislative Responses to Juvenile Crime
• Cornell University Law School: Juvenile Justice
• Juvenile Records and Confidentiality Issues
• State Responses to Violent Juvenile Crime

Resources

• Juvenile Offenders