NCJ Number
56350
Journal
Juvenile and Family Court Journal Volume: 30 Issue: 1 Dated: (FEBRUARY 1979) Pages: 29-35
Date Published
1979
Length
7 pages
Annotation
THE CREATION AND POSSIBLY HARMFUL SIDE EFFECTS OF JUVENILE RECORDS ARE DESCRIBED, ALONG WITH HOW CALIFORNIA DEALT WITH THE STIGMATIZING EFFECTS OF DELINQUENT'S CASE HISTORIES.
Abstract
MANY STATES RESTRICT ACCESS TO JUVENILE COURT RECORDS AND JUVENILE PROBATION DOCUMENTS RELATING TO MINORS. THIS IS THE CASE IN CALIFORNIA WHERE THE LAW REQUIRES THAT JUVENILE RECORDS HELD BY LAW ENFORCEMENT AGENCIES BE KEPT CONFIDENTIAL. DESPITE EFFORTS TO INSURE THE CONFIDENTIALTY OF JUVENILE RECORDS, HOWEVER, THE LAW PERMITS NUMEROUS AGENCIES DIRECT ACCESS TO THESE RECORDS. APPELLATE COURTS IN CALIFORNIA HAVE RECOGNIZED THE TO JUVENILE HALL DETENTION FOR YOUTHS WHO CAME IN STIGMATIZING EFFECTS OF JUVENILE RECORDS, AND THE STATE LEGISLATURE CONSIDERED THE IMPORTANCE OF PROTECTING MINORS FROM THE LONG-TERM EFFECTS OF JUVENILE RECORDS WHEN IT PASSED SECTION 781 OF THE WELFARE AND INSTITUTIONS CODE. THIS SECTION ALLOWS A PERSON WHO ACQUIRED A RECORD AS A JUVENILE TO PETITION THE JUVENILE COURT TO HAVE THE RECORD SEALED UPON HIS OR HER 18TH BIRTHDAY, OR 5 YEARS AFTER THE EVENT. IF THE COURT DETERMINES THAT THE MINOR HAS NOT BEEN A RECIDVIST, RECORDS ARE SEALED EXCEPT FOR COURT-ORDERED INSPECTIONS. THE POLICY UNDERLYING THE LAW IS TO GIVE YOUNG PERSONS AN OPPORTUNITY TO BEGIN THEIR ADULT LIVES WITHOUT THE STIGMA OF JUVENILE RECORDS. A QUESTIONNAIRE ABOUT JUVENILE RECORD SEALING PROCEDURES WAS SENT TO ALL 58 JUVENILE PROBATION DEPARTMENTS IN CALIFORNIA; 52 DEPARTMENTS RESPONDED. AREAS OF INQUIRY COVERED HOW MINORS ARE ADVISED OF THEIR RIGHTS, WHAT PROCEDURES ARE FOLLOWED TO PETITION THE COURT FOR RECORD SEALING, WHAT STEPS ARE TAKEN TO IMPLEMENT A COURT ORDER TO SEAL, AND WHAT TYPES OF JUVENILES ASK TO HAVE THEIR RECORDS SEALED. FINDINGS REVEALED THAT THE LAW ON RECORD SEALING IS ADMINISTERED DIFFERENTLY IN VARIOUS CALIFORNIA COUNTIES. ONLY ABOUT 10 PERCENT OF ALL MINORS IN CONTACT WITH PROBATION DEPARTMENTS ATTEMPTED TO TAKE ADVANTAGE OF SEALING PROCEDURES. ABOUT 90 PERCENT OF MINORS WHO DID PETITION FOR THE SEALING OR THEIR RECORDS WERE SUCCESSFUL. MINORS HAVING THE MOST FREQUENT CONTACT WITH THE JUVENILE JUSTICE SYSTEM DERIVED THE GREATEST BENEFIT FROM THE LAW. HOWEVER, SINCE AN INSUFFICIENT NUMBER OF MINORS UTILIZE THEIR RIGHTS UNDER THE LAW AND BECAUSE JUVENILES WITH LESS SERIOUS RECORDS ARE OFTEN NOT REACHED, IT APPEARS THAT THE SYSTEM OF RECORD SEALING IN CALIFORNIA IS INADEQUATE. SUPPORTING TABULAR DATA, FOOTNOTES, AND REFERENCES ARE INCLUDED. (DEP)