- Slides: 46
The Collateral Consequences of Juvenile Justice Involvement Juvenile Law Seminar Series August 24, 2016 3: 30 pm 1
Important Acronyms DJJ: Department of Juvenile Justice DOC: Department of Corrections DOE: Department of Education FDLE: Florida Department of Law Enforcement SAO: State Attorney’s Office This information is for educational purposes only - it does not serve as a substitute for legal advice. 2
Important Terms § Delinquent Act: Violation of law which if committed by an adult would be a felony or misdemeanor. § Felony: Serious criminal offense, punishable by over a year in prison. § Misdemeanor: Criminal offense punishable by less than a year in jail (less serious than felony offenses). § Minor (Juvenile): Person who is not considered to be an adult; a person under 18 years old. § Petition: Paperwork filed by the Office of the State Attorney to officially charge a juvenile with a delinquent act(s) § Disposition: Final outcome of youth’s case in Juvenile Court (similar to a “sentence” in Adult Court) o For example: q q q Probation Commitment Drug Court 3
Important Terms – cont’d § Adjudication: Similar to “conviction” in Adult Court o o § Juveniles are never “convicted” in Juvenile Court in Florida – they may be adjudicated delinquent in Juvenile Court Youth may be convicted if/when their case is transferred to the Adult Court Adjudication Withheld: Finding that an offense has been committed, but no formal finding of delinquency. § Direct File: Decision to transfer the juvenile’s case(s) to Adult Court for prosecution 4
If the consequences are “collateral, ” why do they matter? • • Youth’s Privacy Youth’s Educational Stability and Opportunity Youth’s Family Stability and Housing Youth Future Opportunities
Youth Privacy: Records There are multiple records generated for juveniles once they become involved with the delinquency system: • Law Enforcement (police) records • FDLE Criminal History Records • Court Records • Department of Juvenile Justice records This information is for educational purposes only - it does not serve as a substitute for legal advice. 6
What are in “Juvenile” Records? Fla. Stat. § 943. 045 (5) “Criminal history information” means information collected by criminal justice agencies on persons, which information consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges and the disposition thereof. The term does not include identification information, such as biometric records, if the information does not indicate involvement of the person in the criminal justice system. “ (6) Criminal history record” means any nonjudicial record maintained by a criminal justice agency containing criminal history information. (7) “Criminal intelligence information” means information collected by a criminal justice agency with respect to an identifiable person or group in an effort to anticipate, prevent, or monitor possible criminal activity. (9) “Criminal investigative information” means information about an identifiable person or group compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific criminal act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators, informants, or any type of surveillance.
Youth Privacy: Law Enforcement Records FDLE records: • • • are maintained by Florida Department of Law Enforcement (FDLE); Are based on arrest fingerprints and identifying information submitted by the arresting agency; Includes arrests by any Florida agency (Sheriff’s Office or local Police Departments). * Many companies can access information about juvenile records from the FDLE website. Local law enforcement agencies can disclose the name, photograph, address and crime or arrest report for children: • • charged with Felonies; charged with violation of law which would be felony if committed by an adult; found to have committed offense that would be felony if committed by adult; or were transferred or direct filed to adult court; and who are. 8
FL Statute § 943. 051(3) and § 985. 11 Submission of arrest prints for juveniles is mandatory for any felony-level offense and for specified misdemeanors. * • § 943. 051(3)(a) The fingerprints, palm prints, and facial images of a minor who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be captured and electronically submitted to the department in the manner prescribed by rule. (b) A minor who is charged with or found to have committed the following offenses shall be fingerprinted and the fingerprints shall be submitted electronically to the department, unless the minor is issued a civil citation pursuant to s. 985. 12: • § 985. 11 Fingerprinting and photographing. —(1)(a) A child who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be fingerprinted and the fingerprints must be submitted to the Department of Law Enforcement as provided in s. 943. 051(3)(a). (b) Unless the child is issued a civil citation or is participating in a similar diversion program pursuant to s. 985. 12, a child who is charged with or found to have committed one of the following offenses shall be fingerprinted, and the fingerprints shall be submitted to the Department of Law Enforcement
§ 943. 051(3) and § 985. 11(1)(b) Offenses requiring fingerprints Assault, as defined in s. 784. 011. Battery, as defined in s. 784. 03. Carrying a concealed weapon, as defined in s. 790. 01(1). Unlawful use of destructive devices or bombs, as defined in s. 790. 1615(1). Neglect of a child, as defined in s. 827. 03(1)(e). Assault on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784. 07(2)(a). Open carrying of a weapon, as defined in s. 790. 053. Exposure of sexual organs, as defined in s. 800. 03. Unlawful possession of a firearm, as defined in s. 790. 22(5). Petit theft, as defined in s. 812. 014. Cruelty to animals, as defined in s. 828. 12(1). Arson, resulting in bodily harm to a firefighter, as defined in s. 806. 031(1). Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property as defined in s. 790. 115.
Fla. Stat. § 943. 325 DNA *****(c) in the case of a juvenile, the finding of delinquency, regardless of adjudication. ***** (g) “Qualifying offender” means any person, including juveniles and adults, who is: 1. AND 2. a. b. c. d. e. Committed to a county jail; Committed to or under the supervision of the Department of Corrections; Committed to or under the supervision of the Department of Juvenile Justice; Transferred to this state under the Interstate Compact on Juveniles; or Accepted under Article IV of the Interstate Corrections Compact, part III of chapter 941; who is: a. Convicted of any felony offense or attempted felony offense in this state or of a similar offense in another jurisdiction; Convicted of a misdemeanor violation of stalking; voyuerism; possession of lewd or obscene materials; exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations; computer pornography, or dressing room peeping; or an offense that was found to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined; or Arrested for any felony offense or attempted felony offense in this state. b. c.
Fingerprinting and Photos § 985. 11(2) If the child is not referred to the court, or if the child is found not to have committed a violation of law, the court may, after notice to the law enforcement agency involved, order the originals and copies of the fingerprints and photographs destroyed. Unless otherwise ordered by the court, if the child is found to have committed an offense which would be a felony if it had been committed by an adult, then the law enforcement agency having custody of the fingerprint and photograph records shall retain the originals and immediately thereafter forward adequate duplicate copies to the court along with the written offense report relating to the matter for which the child was taken into custody. Basically, (potentially) if the child gets a civil citation, goes to diversion, or is found not guilty, the court can order the fingerprints and photos be destroyed. Question is, are the courts ordering this?
Youth Privacy: Juvenile Court Records • • • Are maintained by the Office of the Clerk and Comptroller Are generally not open to inspection by the public. Fla. Stat. 985. 045 But, exceptions exist: § § § Law enforcement agencies Department of Juvenile Justice and its designess Parole Commission Department of Corrections Justice Administrative commission Superintendent of the child’s school [Fla. Stat. 985. 04(4)(a)] Child’s classroom teachers must be notified if the child has been placed in a probation or commitment program for a felony offense [Fla. Stat. 985. 04(1)(c)] Child’s attorney Child’s parent or guardian Child Victim Any person deemed to have a proper interest in inspecting the child’s records may be authorized to do so by court order. * For the purposes of confidentiality of records, no distinction is made between law enforcement and court records. 13
More Exceptions § 985. 04(2)(a)1. Notwithstanding any other provisions of this chapter, the name, photograph, address, and crime or arrest report of a child: a. Taken into custody by a law enforcement officer for a violation of law which, if committed by an adult, would be a felony; b. Charged with a violation of law which, if committed by an adult, would be a felony; c. Found to have committed an offense which, if committed by an adult, would be a felony; or d. Transferred to adult court. Basically, Juvenile records are public if the juvenile has been charged with a crime (or violation) that, if committed by an adult, would be a felony.
Youth Privacy: Required School Disclosures in § 985. 04 (4)(a) when a child of any age is taken into custody by a law enforcement officer for an offense that would have been a felony if committed by an adult, or a crime of violence, the law enforcement agency must notify the superintendent of schools that the child is alleged to have committed the delinquent act. (b) when a child of any age is formally charged by a state attorney with a felony or a delinquent act that would be a felony if committed by an adult, the state attorney shall notify the superintendent of the child’s school that the child has been charged with such felony or delinquent act. The information obtained by the superintendent of schools under this section must be released within 48 hours after receipt to appropriate school personnel, including the principal of the school of the child and the director of transportation. The principal must immediately notify the child’s immediate classroom teachers, the child’s assigned bus driver, and any other school personnel whose duties include direct supervision of the child. Upon notification, the principal is authorized to begin disciplinary actions under s. 1006. 09(1)-(4). (c) The superintendent must notify the other school personnel whose duties include direct supervision of the child of the disposition of the charges against the child. (d) The department shall disclose to the school superintendent the presence of any child in the care and custody or under the jurisdiction or supervision of the department who has a known history of criminal sexual behavior with other juveniles; is alleged to have committed juvenile sexual abuse as defined in s. 39. 01; or has pled guilty or nolo contendere to, or has been found to have committed, a violation of chapter 794, chapter 796, chapter 800, s. 827. 071, or s. 847. 0133, regardless of adjudication. Any employee of a district school board who knowingly and willfully discloses such information to an unauthorized person commits a misdemeanor of the second degree, punishable as provided in s. 775. 082 or s. 775. 083.
Maintenance of Court Records Fla. Stat. § 943. 0515 Retention of criminal history records of minors. —(1)(a) The Criminal Justice Information Program shall retain the criminal history record of a minor who is classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison under chapter 985 for 5 years after the date the offender reaches 21 years of age, at which time the record shall be expunged unless it meets the criteria of paragraph (2)(a) or paragraph (2)(b). (b)1. If the minor is not classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison under chapter 985, the program shall retain the minor’s criminal history record for 2 years after the date the minor reaches 19 years of age, at which time the record shall be expunged unless it meets the criteria of paragraph (2)(a) or paragraph (2)(b). 2. A minor described in subparagraph 1. may apply to the department to have his or her criminal history record expunged before the minor reaches 21 years of age. To be eligible for expunction under this subparagraph, the minor must be 18 years of age or older and less than 21 years of age and have not been charged by the state attorney with or found to have committed any criminal offense within the 5 -year period before the application date. The only offenses eligible to be expunged under this subparagraph are those that the minor committed before the minor reached 18 years of age.
Department of Juvenile Justice Records • Department of Juvenile Justice maintains extensive records of juveniles, such as: o JAC intake assessments, including MASYI and PACT tool o FACE sheet o Change Plan o DJJ Comprehensive Evaluation o Predisposition Report o Commitment packets o Transfer packets
So if juvenile records are “mostly” confidential, what’s the problem? Well, there’s thing called the internet…. and “Florida received three out of five stars in overall ranking on the national scorecard, putting it on par with most of the country. But the state did worse when it came to loopholes that allow juvenile records to become public. And while records are supposed to be automatically erased when young offenders become adults, Florida typically takes years to comply. ” From http: //www. miamiherald. com/news/local/community/miami-dade/article 3932183. html#storylink=cpy reporting on Juvenile Law Center Report.
Also, juvenile courtrooms are open to the public. • § 985. 035 Opening hearings. —(1) All hearings, except as provided in this section, must be open to the public, and no person may be excluded except on special order of the court. The court, in its discretion, may close any hearing to the public when the public interest and the welfare of the child are best served by so doing. Hearings involving more than one child may be held simultaneously when the children were involved in the same transactions. • (2) Except as provided in subsection (1), nothing in this section shall prohibit the publication of proceedings in a hearing. Something to think about: Children still have HIPPA and FERPA protections, even though they are in a courtroom setting.
The consequences of a juvenile record impact: • • • Youth’s Educational Stability and Opportunity o current educational setting o future educational goals/scholarships Youth’s Family Stability and Housing o access to public housing o access to public benefits o financial burdens Youth’s Future Opportunities o driving privileges o 2 nd amendment rights o military service o employment o future sentencing if convicted of a crime after the age of 18 o *Immigration o *Sex Offender Registration o *Direct File o Eligibility to seal or expunge 20
Youth’s Educational Stability and Opportunity Remember this slide? Youth Privacy: Required School Disclosures in § 985. 04 (4)(a) when a child of any age is taken into custody by a law enforcement officer for an offense that would have been a felony if committed by an adult, or a crime of violence, the law enforcement agency must notify the superintendent of schools that the child is alleged to have committed the delinquent act. (b) when a child of any age is formally charged by a state attorney with a felony or a delinquent act that would be a felony if committed by an adult, the state attorney shall notify the superintendent of the child’s school that the child has been charged with such felony or delinquent act. The information obtained by the superintendent of schools under this section must be released within 48 hours after receipt to appropriate school personnel, including the principal of the school of the child and the director of transportation. The principal must immediately notify the child’s immediate classroom teachers, the child’s assigned bus driver, and any other school personnel whose duties include direct supervision of the child. Upon notification, the principal is authorized to begin disciplinary actions under s. 1006. 09(1)-(4). (c) The superintendent must notify the other school personnel whose duties include direct supervision of the child of the disposition of the charges against the child. (d) The department shall disclose to the school superintendent the presence of any child in the care and custody or under the jurisdiction or supervision of the department who has a known history of criminal sexual behavior with other juveniles; is alleged to have committed juvenile sexual abuse as defined in s. 39. 01; or has pled guilty or nolo contendere to, or has been found to have committed, a violation of chapter 794, chapter 796, chapter 800, s. 827. 071, or s. 847. 0133, regardless of adjudication. Any employee of a district school board who knowingly and willfully discloses such information to an unauthorized person commits a misdemeanor of the second degree, punishable as provided in s. 775. 082 or s. 775. 083.
Youth’s Educational Stability: School Notification (K 12) Fla. Stat. § 1006. 09—Duties of school principal relating to student discipline and school safety. • Superintendent and designees receive notifications of felony charges o Superintendent must notify juvenile’s school within 48 hours. o Principal must notify juvenile’s teachers, bus driver and any other personnel with direct supervision of the juvenile. • Law Enforcement must notify the Superintendent when a juvenile is taken into custody for a felony or crime of violence. • State Attorney must notify the Superintendent when a juvenile is formally charged with a felony. • DJJ shall notify Superintendent of any juvenile under DJJ’s supervision who has a known history of criminal sexual behavior with other juveniles. 22
Educational Stability: When A Student Is Arrested. … • Schools are notified of juvenile arrests and may discipline the student for felony conduct that occurs outside of school hours and off of school grounds. • School may expel a student for violating school policy or committing a serious criminal act. o Expulsion = student is removed from a traditional school setting for up to the rest of the school year and one year afterwards. • School may transfer the student to an alternative school if the student has been formally charged with a felony, even for an incident which occurred off school property or the student may be transferred based on an expulsion. • School may exclude a student from extracurricular activities (participant or spectator). 23
A juvenile adjudication of delinquency can also restrict access to high schools and/or high school level technical or trade schools • • • Any child found in possession of a firearm or weapon on school property or at a school function will be expelled. Children that have made a threat or false report involving the school or school personnel or activity will also be expelled. The school board may send the child to a disciplinary program or second chance school during the expulsion but is not required to provide schooling.
Educational Opportunity: Post High School Fla. Stat. § 1009. 531(1)1(e) • Higher Education: Colleges and Universities are notified but may require a juvenile reveal any juvenile history in the application and/or sign a waiver of confidentiality for the college/university to be able to access those records. § 943. 0582; § 943. 0585. • State Financial Aid: A delinquency adjudication does not bar access to the Bright Futures Scholarship, – Student cannot have been found guilty of, or entered a plea of nolo contendere to, a felony charge, unless the student has been granted clemency by the Governor and Cabinet sitting as the Office of Executive Clemency. § 1009. 531(1)(e). • May impact financial aid and/or dorm residency • But, federal financial aid may be impacted if the person received a criminal conviction for possessing or selling illegal drugs while the person was receiving federal student grants, loans or work study. 20 USC § 1091(r). 25
More Post High School/GED Implications Of An Arrest. … v University of Florida will deny admission if the applicant does not have a record of good conduct v Some GED program and Adult Education programs require 16 -17 year old applicants to submit confirmation that the individual has not committed the following offenses: q. Distribution of drugs, simple battery upon school employees or agents, robbery, extortion, burglary of school property, criminal mischief or vandalism, possession of weapons or dangerous objects, indecent public conduct, battery upon another student resulting in bodily harm, inciting or participating in a major student disorder, commission of any felony 26
Youth’s Family Stability and Housing Public Benefits • If a juvenile is arrested or adjudicated, his/her entire family can be evicted from public housing, even if the alleged delinquent act did not occur on public housing property. o Housing Authority can evict OR bar applicants from public housing based on the act of one tenant. o A juvenile may be prohibited from visiting someone who lives in public or Section 8 housing. • A juvenile may not be able to live with someone who lives in public housing, if he/she is school-aged and does not attend school regularly or has been found truant from school. § 420. 633(3). • A child will not be eligible for food stamps if convicted of trafficking drugs. 27
Youth’s Family Stability: Financial Burden – Court Costs Children found delinquent (whether adjudicated or withhold) are required to pay: • $50 Crimes Compensation Fund • $3 for Teen Court • $50 for felony and $20 for misdemeanor Crime Prevention • $65 for Crime Ordinance • $50 public defender application fee • $25 for indigent status application
Youth’s Family’s Stability: Financial Burden – Supervision Costs Fla. Stat. § 985. 039 • Home Detention/Probation: $1 a day • Secure Detention/Commitment: $5 a day
Youth’s Family’s Stability: Financial Burden – Supervision Costs Fla. Stat. § 985. 039 (2) The parent of any child who has been placed under the supervision or care of the department shall provide to the department his or her name, address, social security number, date of birth, driver’s license number or identification card number, and sufficient financial information so as to assist the court in determining the parent’s ability to pay any fee associated with the cost of the child’s supervision or care. If the parent refuses to provide the department with the information required by this subsection, the court shall order the parent to provide such information. The failure of the parent to comply with such order of the court constitutes contempt of court, and the court may punish the parent accordingly. (7) With respect to a child who has been placed under the supervision or care of the department and whose parent receives public assistance for any portion of such child’s care, the department must seek a federal waiver to garnish or otherwise order the payment of a portion of the public assistance relating to such child, in an amount not to exceed the amount of the parent’s obligation, in order to offset the costs to the department associated with providing supervision or care of such child.
Youth’s Family’s Stability: Financial Burden – Restitution • Court may retain jurisdiction over a child and child’s parent or legal guardian until the restitution order is satisfied or until the court orders otherwise. Fla. Stat. § 985. 0301; 985. 437(5) • Restitution may require payment to victims for damages and out of pocked expenses incurred as a result of delinquent conduct, including insurance deductibles, property damages, and value of stolen items. • Unpaid fines and restitutions may be converted into a judgment/civil lien and could ultimately damage the child or parent’s credit. • A family may be required to continue to go to court until restitution is paid.
Youth’s Future Opportunity: Driving Privileges Driving privileges will be suspended for periods ranging from 6 months to 5 years for a variety of delinquency adjudications (as well as withholds) for offenses such as: • Felony fleeing and eluding • Misrepresentation of age and possession of alcohol • Possession of a firearm by a minor • Offenses committed with the use of a firearm • Indirect contempt of court DUIs: Juveniles are subject to the same mandatory license suspension as adults.
Youth’s Future Opportunity: 2 nd Amendment Rights • Children who have been adjudicated delinquent of felony offenses in Florida CANNOT possess or use, or obtain a license to possess or use a firearm until s/he reaches the age of 24 years old. Fla. Stat. § 985. 35(7) *If child is convicted as an adult, may never be able to own or possess any type of firearm.
Youth’s Future Opportunities: Military Service • A delinquency adjudication may affect an application for Military service as follows: – A delinquency adjudication is considered a conviction for a criminal offense under Army regulations. – The Air Force, Navy and Marines examine delinquency adjudications on a caseby-case basis. – Those receiving an adult felony conviction are not eligible for the military without special approval from the Secretary of Defense. • A child cannot serve in the military or become a law enforcement officer if adjudicated delinquent or found guilty of domestic violence (misdemeanor or felony). • The Military has access to non-FDLE juvenile records for recruitment purposes only if the juvenile signs a waiver of confidentiality.
Youth’s Future Opportunities: Employment • Employers (and the public) can request a search of FDLE criminal history information for $24 o Information : name, DOB, race, charges, disposition, etc. • If record was sealed/expunged, juvenile can deny the record, unless the job applied for is listed in Fla. Stat. § 943. 0585 or § 943. 059 (must admit to record) o Examples : q Law Enforcement/Criminal Justice agency q Attorney (FL Bar) q Teacher/Child Care Worker q Juvenile Probation Officer q Social Worker q Agency servicing children, the disabled, or the elderly q Seaport q Medical/Nursing fields • Childcare facilities are required to screen potential employees/volunteers working in the child care facility setting using a level 2 background screening which includes juvenile and out -of-state records. 35
Youth’s Future Opportunities: Sentencing enhancements if convicted of a crime after the age of 18 Florida Criminal System: • • • Florida Criminal Punishment Code defines any prior record as any conviction regardless of whethere is a withhold for offenses whether committed by an adult or juvenile dispositions of offenses committed by the offender within 5 years before the date of the commission of the primary offense must be scored as prior record. juvenile dispositions of sexual offenses committed by offender more than 5 years before the date of the primary offense must be scored as prior record if the offender has not maintained a conviction free record, either as an adult or as a juvenile for a period of 5 consecutive years. Federal Sentencing: • Juvenile adjudication may enhance sentence o Ex. Delinquency adjudications count torward the three convictions necessary to impose a mandatory 15 -year prison term for a crime related to unlawful possession, sale, manufacture, or transfer or firearms. 18 USC § 924 (e)(2)(B) 36
Youth’s Future Opportunities: *Immigration General Rule: prior to entering an admission or proceeding to an adjudicatory hearing, the juvenile defense attorney should always seek advice from an immigration attorney. • in most cases, a delinquency adjudication in a juvenile proceeding is not a criminal conviction for immigration purposes and will not trigger immigration consequences.
Youth’s Future Opportunities: *Immigration • But, some delinquency adjudications are considered “bad conduct” and can trigger penalties such as ineligibility for legal immigrant status and vulnerability to deportation, such as: o Drug trafficking 8 USC § 1182(a)(2)(C) o Drug abuse or addiction 8 USC § 1182(a)(1)(A)(iv) o Violation of an order protection 8 USC § 1182(a)(2)(E)(ii) o Sexual assault or behavior showing a mental condition that poses a current threat to self or others 8 USC § 1182(a)(1)(A)(iii) • And, any child without current legal status is subject to removal proceedings.
Youth’s Future Opportunities: *Sex Offender Registration • Registration as a sex offender publicizes personal information. • Registration is required if a child is 14 years of age and older and has been adjudicated of o Sex battery o Lewd battery and the victim was under 12 or the activity involved coercion; o Lewd molestation, with either § victim is 12 -15 years of age, activity is forced/coerced, and involved unclothed genitals § victim is under 12 and involved unclothed genitals. Fla. Stat. § 943. 0435(1)(h)1. d. • Even if child not required to register, may be subject to involuntary civil sex offender commitment under Jimmy Ryce. • Even if not registration-eligible here, may be in another state
Youth’s Future Opportunities: Direct File • Remember, a juvenile delinquency adjudication is not a criminal conviction. • But, if a child is prosecuted as an adult, s/he may receive a criminal conviction. o See the Florida Collateral Consequences Manual. • The child will also be subject to the adult jail and prison system and the host of psychosocial consequences associated with that exposure. See Human Rights Watch 2014 Branded for Life.
Youth’s Future Opportunities: Sealing and Expungement Eligibility Two options: Seal or Expunge But, not eligible if: • Been adjudicated guilty of any criminal offense or adjudicated delinquent for any felony or any of the misdemeanor under 943. 051 (3)(b) – Driving Violations that are criminal • Were adjudicated guilty or delinquent for committing act stemming from arrest or activity to which application pertains • Had a prior sealing or expunction – Certain Exceptions: Previously Sealed, now applying for expunction • Certain crimes that are not permissible 41
Some Disqualifying Charges For Expunction/Sealing If adjudication was withheld on any of certain specified violations, including but not limited to the following, the record cannot be sealed or expunged: • • • Arson Aggravated Assault or Aggravated Battery • Illegal use of explosives Child abuse or Aggravated Child Abuse of an elderly person or disabled adult, or • aggravated abuse of an elderly person or disabled adult Aircraft piracy Kidnapping • Robbery or Carjacking • Homicide or Manslaughter • Burglary of a dwelling • Stalking and Aggravated Stalking Sexual Battery • Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority, Act of Domestic Violence - ref. FS 741. 28 Home-invasion Robbery Act of Terrorism – ref. FS 775. 30 Manufacturing any substance in violation of Chapter 893 And attempting or conspiring to commit any of the above crimes This information is for educational purposes only - it does not serve as a substitute for legal advice. 42
Youth’s Future Opportunities: Even if sealed, records are… • Record is NOT destroyed, but is not available to the public or government except as allowed by statute; private/public businesses are told there is no juvenile record • A juvenile with a sealed record may deny or fail to acknowledge the arrests covered by the sealed record EXCEPT in certain situations, which include: o If a defendant in a criminal prosecution o If petitioning to have records sealed or expunged o Applying for admission to Florida Bar o Seeking employment with a criminal justice agency or work with an agency serving children, the disabled, or the elderly, or seeks employment at a seaport. This includes the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of juvenile Justice o Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law 43
Expunged Records Are… • Record destroyed with the exception of the FDLE - retains a confidential copy of the record o Private/public businesses are told there is no juvenile record o Specified governmental/related agencies (i. e. Military, Police, Schools) are told: “Criminal history has been expunged from this record” Access to the record can be achieved only by court order. • Once expunged, not required to reveal information EXCEPT: o If a defendant in a criminal prosecution; o If petitioning to have records sealed; o Applying for admission to Florida Bar; o Seeking employment with a criminal justice agency or work with an agency serving children, the disabled, or the elderly, or seeks employment at a seaport. 44
A Final Word on Hope and Identity • Adolescence is a period of growth, development, and identity formation • Having hope and a belief in self is a source of resiliency that is often overlooked • Factors like educational engagement, stable employment, stable housing, family support networks and resources reduce likelihood of future criminal legal system involvement. "I have been through a lot in my life, " she said, "but I want to inspire people, and I want to give people just a little bit of hope. Because I remember when I was one of those kids who didn't have any hope. And just when I got just a little bit, look how far I've been able to come!” – Claressa Shields, 2 time gold medal winner
THANK YOU! Additional materials include the following: • The Florida Juvenile Collateral Consequences Checklist; • National Review of Juvenile Protections; • The Florida Collateral Consequences Manual; • Future Interrupted; • Sample DJJ documents. The Children’s Campaign advocates legislatively for confidentiality and expunction of juvenile records. http: //iamforkids. org/confidentiality/