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LEAD a national movement of 63 state-based community advocacy organizations and nearly 100 alumni of our Youth Justice Leadership Institute (YJLI) program across 41 states and DC
PREMISE OUR WORK on the fundamental understanding that our youth legal systems are inextricably bound with the systemic and structural racism that defines our society
SEEK to change policy and practice by building power with those who are most negatively affected by our youth legal systems

THE NATIONAL JUVENILE JUSTICE NETWORK: ABOUT US

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Minimum Age for Juvenile Court Jurisdiction
Minimum Age of Jurisdiction	Number of States and Territories	Which States and Territories?
13	2 states; 1 territory	Maryland,* New Hampshire,* Puerto Rico [only for misdemeanors]*
12	5 states	California,* Delaware,* Massachusetts, New York,* Utah*
11	1 state	Nebraska
10	16 states; 1 territory	American Samoa, Arizona, Arkansas,* Colorado, Connecticut, Kansas, Louisiana, Minnesota, Mississippi, Nevada,* North Carolina,* North Dakota, Pennsylvania, South Dakota, Texas, Vermont,* Wisconsin
8	1 state	Washington*
7	1 state	Florida*
None	24 states; 4 territories	Alabama, Alaska, District of Columbia, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Maine, Michigan, Missouri, Montana, New Jersey, New Mexico, Northern Marinara Islands, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Virginia, Virgin Islands, West Virginia, Wyoming

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RESOURCES

NJJN website section: Raising the Minimum Age for Prosecuting Children
NJJN Policy Platform and Policy Toolkit on Raising the Minimum Age (raise the age to 14)
UCLA research resource page
American Bar Association Resolution (raise the age to 14)
Child and Adolescent Health Group Statement (raise the age to 12)
American Academy of Pediatrics (raise the age to 12)

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LEAD a national movement of 63 state-based community advocacy organizations and nearly 100 alumni of our Youth Justice Leadership Institute (YJLI) program across 41 states and DC
PREMISE OUR WORK on the fundamental understanding that our youth legal systems are inextricably bound with the systemic and structural racism that defines our society
SEEK to change policy and practice by building power with those who are most negatively affected by our youth legal systems

THE NATIONAL JUVENILE JUSTICE NETWORK: ABOUT US

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JUVENILE RECORDS �Why Confidentiality Matters

Andrew Keats, Juvenile Law Center

October 26, 2023

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Agenda

Why confidentiality matters
The Bipartisan Safer Communities Act
Implementation considerations

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Law Enforcement & Court Records

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Because of his juvenile record, Daniel Brenner was not allowed to serve as guardian for his disabled mother. “When I was 17 my mother had a stroke in Korea, where she was in the military,” he explains. “I was staying with her. I’m the only family member she has, but they wouldn’t place me with her as her guardian because of my record. So right now she’s in a nursing home.”

Vik was charged with assault and battery after a physical fight between him and his stepbrother resulted in his mother and sister getting hurt. Vik was never adjudicated delinquent. He was required to complete twenty-four hours of community service. He believed that charges were dropped, and that his record was clean because he completed his service. When he became of age, Vik applied to the National Guard. He was denied admission because of his arrest record.

Child Welfare

Many records come up on FBI record clearance, which prohibits individuals from working in child care

Also could prevent one from being a foster parent, even to relatives

Military

Each branch of military has different rules and criteria for admission

But, military always has access to juvenile record information, and asks on applications for juvenile record information, including records that were expunged

If you have a record, you may not be barred, but could be required to request a waiver and explain the rationale

Housing

Public and private housing authorities have broad discretion in selecting tenants

Public housing can evict families when just one person has criminal justice system involvement (One strike policies that encourage public housing authorities to evict families for any criminal acts committed by children)

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62.5% of applicants were discouraged from completing their college application because of a records disclosure requirement

“Being a college student…is the best-known protection against recidivism.” Yet, having a juvenile record often impedes many from pursuing higher educational opportunities. �
College applications typically include inquiries about criminal history. These questions can result in applicant attrition or denial of admission:�

62.5% of applicants were discouraged from completing their college application because of a records disclosure requirement,
33% of colleges that collected records information viewed the record as a negative attribute for the candidate,
20% of applicants disclosed records information were denied admission. �

Both public and private institutions ask about criminal history, but “[p]rivate and four-year colleges and universities are more likely to include a question about criminal or disciplinary backgrounds” in their applications. �
Approximately 30% of individuals with juvenile records who had a high school diploma or GED or went on to a 2-year or 4-year college reported at least one new conviction in the adult system compared to 60% of those who had not earned a high school diploma or GED.

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Employment is a key positive indicator in ensuring decreased recidivism; however, having a record imposes immense barriers to employment.

90% of employers run background checks on applicants

50% of employers are less likely to callback or extend a job offer to applicants with a record

Over 40% of employers reported that they would “definitely” or “probably” not hire an applicant with a criminal record for a job not requiring a college degree

11% of employers reported that even a minor criminal infraction would prevent them from hiring a prospective candidate

Impact on youth of color is even greater. One study showed that the likelihood of being called back for an interview is decreased for individuals with records, but that number is more pronounced as to people of color with records
Ban-the-box – more recent effort to get question removed from applications so offers of conditional employment can be made prior to checking records. But, can be problematic. People rely on implicit bias.

The effect of having a juvenile record is 40% greater for youth of color than white youth

Having a juvenile record has a disproportionately adverse effect on applicants of color pursuing higher educational opportunities.
The U.S. Department of Justice found that individuals, particularly Black and Latinos, who had a record “encountered significant barriers to secure housing, including public and other federally-subsidized housing.”
Youth between the ages of 14 to 24 who have a juvenile record worked three weeks less than their peers. For Black youth, this number increased to five weeks of less work a year.

Adjudications are not convictions in most states
Professional licensing – certain professions prohibit individuals with records as demonstrated by Dina’s story.

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Youth between 14-21 who experience homelessness

44% had been in a juvenile detention center, jail, or prison
78% had at least one prior interaction with the police
62% had been arrested at some point in their lives

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U.S. armed services have a ‘moral’ qualification for admission
Even records that have been expunged must be reported when youth enlist.
Youth can request a ‘moral waiver’ allowing them to enlist despite an adjudication, but certain offenses are not eligible.

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Bipartisan Safer Communities Act

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National Instant Criminal Background Check System (NICS)

Brady Handgun Violence Prevention Act of 1993 (Brady Act) requires all Federal Firearm Licensees (FFLs) to request a background check on prospective transferees prior to transfer
NICS established to determine whether a firearm transfer would violate 18 USC §922 (g) and/or State law
FFL utilizes NICS E-Check or call center to initiate the background check
NICS searches III, NCIC, NICS Indices to determine if there are any disqualifying factors

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�Federal Prohibitors�Title 18 U.S.C. §922(g)�

under indictment for or convicted of crime punishable by imprisonment for >one year
fugitive from justice
unlawful user of or addicted to controlled substance
adjudicated as “mental defective” or

committed to mental institution

5. illegally/unlawfully in the United States

6. discharged from Armed Forces under dishonorable conditions

7. renounced U.S. citizenship

8. subject to certain restraining orders

9. convicted of misdemeanor domestic violence

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Bipartisan Safer Communities Act Summary

The Under 21 Background Check (U-21)

BSCA §12001 – Juvenile Records

BSCA requires FBI NICS and Point-Of-Contact States to:

Review juvenile criminal history and involuntary commitment records for persons under age 21 seeking to purchase firearms from an FFL against enumerated (18 USC §922) prohibitors
Proactively contact, for each U-21 applicant:
Juvenile court
Mental health records custodian
Local law enforcement agency

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Washington

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�� Kentucky�� The provisions of this section shall not apply to employees of local law enforcement agencies, the Department of Kentucky State Police, or the Federal Bureau of Investigation engaged in conducting background checks for the sole purpose of identifying and providing potentially disqualifying juvenile public offense records to the National Instant Criminal Background Check System pursuant to Div. A, Title II, Sec. 12001(a) of the Bipartisan Safer Communities Act, Pub. L. No. 117-159. Notwithstanding KRS 635.040, an adjudication for a public offense is a conviction of a crime for purposes of 18 U.S.C. sec. 922(d)(1), (d)(3), or (d)(9). Any public offense record obtained pursuant to this subsection shall be used for official use only, not be disclosed publicly, and be exempt from disclosure under the Open Records Act, KRS 61.870 to 61.884.�� Ky. Rev. Stat. Ann. § 610.340 (West)�

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Things to Consider

Protections in existing policy related to youth records

Guardrails to protect overreach

Equitable implementation

Stakeholder input

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Andrew Keats�(215) 625-0551�akeats@jlc.org��

THE END