ipl-logo

Juvenile Record Expungement

687 Words3 Pages
bulb-icon

Recommended: Expungement of juvenile record

While the state of Mississippi, my home state, does provide for the expungement of juvenile records, the actual process of expungement is rare. The reason for this is the state laws, which govern the sealing of all juvenile records. Even though the state law calls for the sealing of juvenile records, juvenile adjudications can be taken into consideration, by judges of the circuit courts, when determining sentences. This records can also be used, and disseminated to others, usually by court order of the youth court. Section 43-21-263 of the Mississippi Code of 1972, provides for the sealing of all juvenile court records, once a person has reached 20 years of age. The records may also be sealed, pursuant to this statute, if the charges …show more content…

This statute reiterates that youth court records are to remain confidential, under normal circumstances, but it provides 20 exceptions to this requirement (Miss. Code, 1972). This statute requires that the youth court issue a court order, expressing what records, and to whom they may be disseminated to. Examples of times when these youth court records may be released are if they are being released to another youth court judge, or staff, the court deciding a child custody issue, the Department of Human Services, or any other judge, or staff of any court, which has requested the records. Another reason such juvenile records may be released is if the judge of circuit, or county courts, and presentence investigators, require such records for sentencing purposes, after a person has been convicted of another crime pursuant to Section 47-7-9 (Miss. Code, 1972). What this means is that juvenile adjudications can be used for sentencing considerations, for new convictions, even after said records have been sealed. Other exceptions to the sealing of youth court records include controlled substance violations, implied consent violations, and violations of sexual abuse statutes. The important thing to be taken away from this statute is that juvenile court adjudication records may be used in presentence investigations of any person who has been convicted of a …show more content…

This is due to the state law providing for the sealing of juvenile records when a person has reached 20 years of age (Miss. Code, 1972). Although the records are supposed to be sealed, state law does apply for 20 exceptions to this requirement, including the records being used by the judges of the circuit courts. The circuit court judges may request a presentence investigation on any person who is convicted of a felony. This investigation is to include a complete criminal history of the offender, to include juvenile adjudications, and is to be used by the judge to determine an appropriate sentence (Miss. Code,

Show More
Related
853 Words | 4 Pages

Ricky Franklin Smith was convicted based on his guilty plea of breaking and entering and his fourth offense of being a habitual offender. During his sentencing hearing, the court referred to his juvenile court records and enhanced his final sentence. Smith appealed his sentencing in the Court of Appeals arguing that he was entitled to resentencing because his juvenile criminal records had been automatically expunged pursuant to former MCR 5.913 (People v. Smith, 2017). The Court of Appeals reviewed People v. Price which had ruled that a juvenile record automatically expunged pursuant to MCR 5.913 could not be used during the presentence investigation. They also reviewed People v. Jones where the panel concluded that an expunged juvenile

Read More
678 Words | 3 Pages

Rule: The court ruled that all children under the age of 18 should have the same rights as adults. Analysis: these requirements included adequate notice of charges, notification of both the parents and the child of the juvenile's right to counsel, opportunity for confrontation and cross-examination at the hearings, and adequate safeguards against

Read More
840 Words | 4 Pages

The juvenile courts need to go off of the seriousness of the case. In my opinion, if juveniles don’t get the proper charges, then there is always a chance that the juvenile could always continue to commit crimes. In this case, I believe Kent did not fully get his basic due process rights that should be granted to him. He was never fully investigated, which lead to the waiver eventually being

Read More
440 Words | 2 Pages

Therefore, Ricky Smith was sentenced to serve his time concurrently with the other sentence that he had encountered. However, in the case of People v. McFarlin, 389 Mich 557; 208 NW2d 504 (1973), it was suggested that a judge has the right to consider an adult offender's juvenile record, whereas the Probate Code suggests the probate *299 court cannot use a juvenile record as proper evidence against a child in any case in any civil, criminal, or other cause except under a Juveniles and Juvenile Division Chapter of the Probate Code(People v. Smith, 2017). Shortly after in 1978, the Court adopted JCR 13, in which provided automatic expungement juvenile offender records, providing within seven years afterward there is not a felony conviction(People v. Smith, 2017). The Panel of a different court has encountered this situation before, for instance in the People v. Price, 172 Mich App 396, 399-400; 431 NW2d 524 (1988) found that an automat expunge pursuant to MCR 5.913 will not use a juvenile record in court sentencing whereas, in the case of People v. Jones, 173 Mich App 341; 433 NW2d 829 (1988) suggests that a expunged juvenile record could be a factor in sentencing and included in the

Read More
2120 Words | 9 Pages

Witnesses and juries are only used in Circuit Court cases. The juvenile

Read More
760 Words | 4 Pages

The court showed that the utilization of an offender’s juvenile criminal record allowed for the stigma of criminal behavior to follow the person into adulthood. The legal issues before the Supreme Court of Michigan were; what are the terms that a sentencing judge can rightfully use the juvenile records of a convicted offender during the sentencing process (People v. Smith, 437 Mich. 293

Read More
863 Words | 4 Pages

“The court consistently held that children are entitled to the same due process as adults. With that understood, however, the Court has also consistently held that, from a developmental standpoint, youth are different from adults, which greatly impacts how courts should treat them in a whole host of areas, such as waiver of rights, culpability, and punishment” (National Juvenile Defender Center). This shows that the juvenile delinquent cases before In Re Gault were not highly regulated. The Court believed that handling juveniles needed to be very different from the way the courts handle adult cases. In Re Gault changed that.

Read More
203 Words | 1 Pages

After the initial requirements are done, a parent (guardian), attorney or probation officer must be present before any questioning is done. Even if the juvenile

Read More
1292 Words | 6 Pages

The Juvenile Justice Delinquency Prevention and Protection Act (JJDPA) was established in 1974 and was the first federal law that dealt comprehensively with juvenile delinquency to improve the juvenile justice system and support state and local efforts at delinquency prevention. This paper will assess the JJDPA and summarize its purpose and implementation and enforcement. Next, there will be a discussion of the historical context of the policy; followed by a focus of the latent consequences. Finally there will be a vignette as to how this Act has affected a person or family as well as personal reflection toward the policy.

Read More
363 Words | 2 Pages

There are many children who recommit the crime after they are released from juvenile detention, and the ones released from jail are less likely to the crimes they did before. If the children are tried in adult court they are more likely to be sentenced to periods of incarceration. If a child is tried in adult court or in criminal court depends on what the crime was and how old the person offending was. The children who commit serious that aren’t tried in criminal court often reoffend and end up back where they were

Read More
849 Words | 4 Pages

These three ethical issues that are rising in the juvenile justice system will be further examined. Should adolescents be held to the same level of accountability for their actions as adults? LaBelle

Read More
1979 Words | 8 Pages

There are five ways in which a juvenile can be prosecuted in adult court. One way is through a judicial wavier, this is allowed in most states, where judges have the discretion to have a youth’s case tried in the adult criminal court. The second way is through statutory exclusion, twenty-nine states automatically require a juveniles’ case to be tried in the adult court based on the age of the youth and/or the alleged crime. The other three ways are allowed in fewer states and include direct file or “prosecutorial discretion” where juvenile court judges the decision to have a youth 's case tried in the adult criminal court. There also mandatory waivers in few states which require juvenile court judges to automatically transfer a youth 's case to adult criminal court for certain offenses or because of the age or prior record of the offender.

Read More
1043 Words | 5 Pages

Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.

Read More
487 Words | 2 Pages

These requirements are similar between all states that have passed state legislation. I have had a lot of firsthand experience with youthful offender laws, being an investigator of crimes against children. In Oklahoma, where I am a criminal investigator, our requirements for youthful

Read More
760 Words | 4 Pages

Can you imagine waking up behind closed walls and bars? Waking up to see your inmate who is a 45-year-old bank robber and you are a 14-year-old minor who made a big mistake. This is why minors who have committed crimes should not be treated the same as adults. Some reasons are because the consequences given to minors in adult court would impact a minor’s life in a negative way. If a minor is tried through a juvenile court, they have a greater chance of rehabilitation.

Read More

More about Juvenile Record Expungement

Related Topics

Open Document