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The Practice of Sealing Juvenile Court Records Annotated Bibliography

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Updated: Jun 13th, 2022

Introduction

The practice of sealing juvenile’s court records is indeed acceptable practice to some extent in most countries in the world (Linda, 2004). It entails allowing juvenile records to be held by the court, police or probation departments in the sense that they cannot be accessed by any other person unless permission is granted by the law (Bailey, 2005). It is imperative to note that once the records are sealed, they are perceived as if they never existed. There is a reason behind the practice as demonstrated in empirical research studies (Rubin, 2009). Moreover, there are people who are involved in ensuring that such records are properly sealed as documented by the law. Besides this, a particular procedure is usually followed while sealing juvenile records (Michon, 2011). This essay is composed of an annotated bibliography that seeks to strongly support the assumption that sealing of juvenile records is an acceptable practice.

Linda, A. (2004). sealing juvenile records: New laws; proposed legislation. Juvenile and Family Law Digest, 36(7), 3723

According to Linda (2004), Juvenile’s records are put in a central location in some states making it easier to punish juvenile offenders. This article confirms the fact that such records have been used in the past in enforcing the law and thus can be suitably used to prosecute individuals who commit juvenile offences. Recent surveys as analyzed in the article indicate that the locations where juvenile records are kept have changed with the emergence of juvenile courts. It is imperative to note that the preservation of juvenile records has proved to be essential and also critical in rehabilitating youths. Linda (2004) confirms that there is an increased concern from the public in regards to juvenile violence and crimes committed all over the world. In this case, schools, public and government agencies have devised a strategy to respond to such violent acts faced by children. For this case, the act of sealing juvenile records has broadly been accepted even though eligibility of such record varies among different states (Linda, 2004).

As it is evident in the article, people allow juvenile records to be sealed in order to prevent their legacy from being ruined. Empirical evidence derived from surveys indicates that the reason as to why the practice has gained acceptance is because of issues related to job security and licenses. In this case, having ones juvenile records sealed has an added advantage since employers might not be able to obtain your criminal history (Linda, 2004). Nevertheless, Linda (2004) confirms that it is not fully guaranteed that such records cannot be reviewed. For instance, one might happen to seek a job in law enforcement agencies. In this case, there is a higher likelihood or possibility for the juvenile records to be revealed. However, this may not harm the overall goal and benefits derived form sealing such records.

Bailey, J . (2005).Juvenile Criminal Records. Web.

Bailey (2005) conforms that nowadays, sealing of criminal records is gaining acceptance and the entire procedure has been made a lot easier. On analyzing this article, it is evident that individuals can easily request for records to be sealed and as well access information without much hindrance. However, Bailey (2005) reiterates that the process is not easy since the records are maintained by state and other federal authorities. In this case, accessing juvenile records is only allowed for public adult who are over the age of 18 years and above. In addition to this, accessing such records has been limited by the law in order to protect the welfare of young adults. This implies that juvenile crimes are treated with different measures to tat committed at adulthood in the justice system.

Bailey (2005) asserts that criminal processes followed in juvenile criminal cases are different from those used to accuse adult offences. For this reason, it has made the practice of sealing such records to gain acceptance. In this case, it is perceived that juvenile crimes are committed out of delinquent behavior. Bailey (2005) argues that this could have contributed to establishment of juvenile courts. Such courts have facilitated solving of juvenile related cases. Nevertheless, juvenile courts lack the right to access a trial by the jury. There is another reason as to why sealing of juvenile records has gained acceptance in various states. Bailey (2005) alleges that at some point, different states have various as well as unique means through which juvenile records are destroyed. The latter explains why the whole issue on sealing of juvenile records has elicited unending debate.

Rubin, H. (2009). Expungement or Record Sealing: Missing From Restorative Justice. Juvenile Justice Update, 15(5), 3.

According to Rubin (2009), the practice of sealing juvenile records was a response towards protecting and governing the privacy of youthful offences against juveniles. This proactive measure led to the formation of juvenile courts. On analyzing this article, the first juvenile court was formed in Chicago in 1899. For this reason, the practice was meant to protect juveniles from harsh measures that were preceded to the adult courts. The fact that they deprive juvenile offenders from unseemly and punitive procedures in adult jails, this has made the practice to gain acceptance. Moreover, the practice prevent juvenile offenders from stigma especially when they have are being branded as criminals. Rubin (2009) has an assumption that people have highly accepted the practice since it enhances private proceedings and record keeping. In this case, he perceives the practice to be more therapeutic as opposed to the trial in the adult courts. In this article, it is clear that states have enabled legalizations that are to enact the provision of privacy in regard to juvenile proceedings. In this case, the practice fosters youth rehabilitation.

Michon, K. (2011). Sealing Juvenile Court Records. Web.

From this article, one can analyze that sealing of juvenile records has gained acceptance from the allegation that juvenile offenders have started to seek for petition in courts. Michon (2011) complements that these individuals have lately appealed for conviction to seal the records in juvenile courts. According to evidence derived from this article it is apparent that states have increasingly adopted the practice of sealing juvenile records. This is due to the fact that juvenile crimes have increased at an alarming rate (Michon, 2011). In this case, public raise concern to know the offenders and this have been seen as a threat to individual’s confidentiality and privacy. For this reason, sealing the records has been perceived as a mean of restorative justice. Significantly, the practice has also been perceived as a bill of right and must be met on individual interest. To some extent several States have altered the process of recordkeeping practices by providing to ensure that only school officials have an access to them (Michon, 2011). This helps them to handle certain misbehavior committed by individual youths and thus preserve the wellbeing of faculty and students confidentiality in the best way. However, states, federal authorities and legal administrators have established strategies to be used when practicing the act of sealing these records.

Summary

To recap it all, it is imperative to note that sealing of juvenile records is an acceptable practice among several states. Research has shown that the practice has become prevalent and acceptable due to various reasons. For instance, states keep the records safely and thus they are able to refer to them in future in the process of law enforcement. Moreover, the practice has been suitable in overcoming public stigma and thus youth offenders are rehabilitated and their confidentiality is protected. In line with this, individual legacy is protected and thus they are not likely to be convicted for crimes committed at juvenile age. This also helps one to seek employment and get job license easily. Additionally, the practice prevents juvenile offenders from being exposed to punitive measures that are taken when proceedings take place in adult courts. Besides this, the practice is a means of restoring justice since it inhibits individual’s confidentiality and privacy from being interfered with by the public. Having considered all the aforementioned factors, it is imperative to emphasize that as much sealing of juvenile records has been opposed in some quotas, there are myriad of benefits associated with practice. As a matter of fact, the law enforcement process and follow up activities related to the latter has been made easier ever since this practice was embraced.

References

Bailey, J. (2005).Juvenile Criminal Records. Web.

Linda, A.S. (2004). sealing juvenile records: New laws; Proposed legislation. Juvenile and Family Law Digest, 36(7): 3723.

Michon, K. (2011). Sealing Juvenile Court Records. Web.

Rubin, H.. (2009). Expungement or Record Sealing: Missing From Restorative Justice. Juvenile Justice Update, 15(5): 3.

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IvyPanda. "The Practice of Sealing Juvenile Court Records." June 13, 2022. https://ivypanda.com/essays/annotated-bibliography-on-the-practice-of-sealing-juvenile-court-records/.

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IvyPanda. 2022. "The Practice of Sealing Juvenile Court Records." June 13, 2022. https://ivypanda.com/essays/annotated-bibliography-on-the-practice-of-sealing-juvenile-court-records/.

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IvyPanda. (2022) 'The Practice of Sealing Juvenile Court Records'. 13 June.

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