Collateral Consequences of Delinquency Adjudication

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1 Collateral Consequences of Delinquency Adjudication A) Implications of Adjudication for Future Court Proceedings a. Waiver i. Iowa Code provides that a prior adjudication may be used as a factor when the juvenile court considers waiving jurisdiction to the adult criminal court. b. Impeachment i. Iowa Rule of Evidence 5.609(d) provides that evidence of juvenile adjudication is generally not admissible under this rule. The court has discretion, however, in a criminal case to allow evidence of juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence. B) Firearms and Weapons Possession a. Iowa Code provides that any person who is adjudicated delinquent on the basis of conduct that would constitute a felony if committed by an adult, and who knowingly has under the person's dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon is guilty of a class "D" felony. C) Physical and Mental Examinations a. Generally i. Following the entry of an order of adjudication under (for juvenile delinquency), the court may, after a hearing which may be simultaneous with the adjudicatory hearing, order a physical or mental examination of the child if it finds that an examination is necessary to determine the child's physical or mental condition.

2 1. The court may consider chemical dependency as either a physical or mental condition and may consider a chemical dependency evaluation as either a physical or mental examination. 2. When possible an examination shall be conducted on an out-patient basis, but the court may, if it deems necessary, commit the child to a suitable hospital, facility or institution for the purpose of examination. Commitment for examination shall not exceed thirty days and the civil commitment provisions of chapter 229 shall not apply. 3. See also Iowa Code section (3), which allows the court to order a physical or mental examination of the child at any time after the filing of a delinquency petition, if (a) the court finds such examination to be in the best interest of the child, and (b) the parent, guardian or custodian and the child s counsel agree. b. HIV Testing i. Under Iowa Code , if a juvenile is adjudicated for an act of sexual assault, the county attorney, if requested by the petitioner (victim of the sexual assault), shall petition the court for an order requiring the convicted offender to submit to an HIV-related test, provided that all of the following conditions are met 1. The sexual assault for which the offender was convicted or adjudicated delinquent included sufficient contact between the victim and the convicted offender to be deemed a significant exposure pursuant to The authorized representative of the petitioner, the county attorney, or the court sought to obtain written informed consent from the convicted offender to the testing. 3. Written informed consent was not provided by the convicted offender. ii. Upon receipt of such a petition, judicial proceedings are triggered. The adjudicated delinquent would have a right to counsel in the matter, and a hearing would be held in order for the court to determine whether significant exposure occurred from the assault to compel the delinquent to provide a sample for HIV testing. 1. In determining whether the contact should be deemed a significant exposure, the court shall base the determination on the testimony presented during the proceedings on the sexual assault charge, the minutes of the testimony or other evidence included in the court record, or if a plea of guilty was entered, based upon the complaint or upon testimony provided during the hearing.

3 iii. Following the hearing, the court shall require an adjudicated offender to undergo an HIV-related test only if the petitioner or victim proves all of the following by a preponderance of the evidence: 1. The sexual assault constituted a significant exposure. 2. An authorized representative of the petitioner or victim, the county attorney, or the court sought to obtain written informed consent from the adjudicated offender. 3. Written informed consent was not provided by the adjudicated offender. iv. An adjudicated offender who is required to undergo an HIV-related test may appeal to the court for review of questions of law only, but may appeal questions of fact if the findings of fact are clearly erroneous. c. DNA testing i. Iowa Code 81.2 subsection 4 provides that a juvenile adjudicated delinquent of an offense that requires DNA profiling of an adult offender shall be required to submit a DNA sample for DNA profiling pursuant to 81.4 as part of the disposition of the juvenile's case. 1. An offender placed on probation shall immediately report to the judicial district department of correctional services after sentencing so it can be determined if the offender has been convicted of an offense requiring DNA profiling. 2. If it is determined by the judicial district that DNA profiling is required, the offender shall immediately submit a DNA sample. D) Photographs and Fingerprints a. Under Iowa Code , adjudicated delinquents generally cannot be fingerprinted or photographed by a criminal or juvenile justice agency after the child is taken into custody. b. Exceptions to the general rule: i. Fingerprints and photographs of a child who has been taken into custody shall be taken and filed by a criminal or juvenile justice agency investigating a public offense other than a simple misdemeanor. These fingerprints will be sent to the department of public safety for inclusion in the automated fingerprint identification system. A copy may also be retained for comparison with latent fingerprints and the identification of repeat offenders. ii. If a peace officer has reasonable grounds to believe that latent fingerprints found during the investigation of the commission of a public offense are those of a particular child, fingerprints of the child may be taken for immediate comparison with the latent fingerprints regardless of the nature of the offense. 1. If the comparison is negative the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed.

4 2. If the comparison is positive, the fingerprint card and other copies of the fingerprints taken shall be delivered to the division of criminal investigation of the department of public safety in the manner and on the forms prescribed by the commissioner of public safety within two working days after the fingerprints are taken. After notification by the child or the child's representative that the child has not had a delinquency petition filed against the child or has not entered into an informal adjustment agreement, the fingerprint card and copies of the fingerprints shall be immediately destroyed. iii. Fingerprint and photograph files of children may be inspected by peace officers when necessary for the discharge of their official duties. The juvenile court may authorize other inspections of such files in individual cases upon a showing that inspection is necessary in the public interest. iv. Fingerprints and photographs of a child shall be removed from the file and destroyed upon notification by the child's guardian ad litem or legal counsel to the department of public safety that either of the following situations apply: 1. A petition alleging the child to be delinquent is not filed and the child has not entered into an informal adjustment, admitting involvement in a delinquent act alleged in the complaint. 2. After a petition is filed, the petition is dismissed or the proceedings are suspended and the child has not entered into a consent decree and has not been adjudicated delinquent on the basis of a delinquent act other than one alleged in the petition in question, or the child has not been placed on youthful offender status. E) Sex Offender Registration a. Iowa Code 692A.2 provides that a person who is convicted, as defined in section 692A.1, of a criminal offense against a minor, sexual exploitation, a sexually violent offense, or an other relevant offense as a result of adjudication of delinquency in juvenile court shall be required to register as required in this chapter unless the juvenile court finds that the person should not be required to register under this chapter. b. If a juvenile is required to register and the court later modifies the order regarding the requirement to register, the court shall immediately notify the department. c. A juvenile will not be required to register while in a residential treatment facility or in foster care. F) Media Exposure

5 a. Under Iowa Rule of Court 25.2, expanded media coverage is prohibited of any court proceeding which, under Iowa law, is required to be held in private. In any event, no coverage shall be permitted in any juvenile case unless consent on the record is obtained from all parties, including a parent or guardian of a minor child. G) Immigration Issues (see handout) H) Military Service a. Military service organizations require that enlistees be in good moral standing. To ensure this standard is met, potential enlistees must report any offense that resulted in either conviction or any kind of adverse adjudication, including those that occurred as a juvenile. I) Employment and College Admissions/Financial Aid a. Traditionally, a distinction was made between adjudication and conviction, whereby a delinquent now applying for admission to college or employment could permissibly answer a question regarding past criminal convictions in the negative. b. More commonly today colleges and employers are specifically requesting information about adjudications as a juvenile delinquent. Thus, adjudication will increasingly impact a delinquent s post-secondary education and employment dealings. c. The Department of Education guidelines for federal financial aid in regards to drug convictions do not apply for any offense in which the applicant was treated as a juvenile. J) Expungement and Record sealing a. Under Iowa Code , records and files of a criminal or juvenile justice agency concerning a child involved in a delinquent act are public records, except that release of criminal history data, intelligence data, and law enforcement investigatory files is subject to the provisions of 22.7 and Chapter 692 and juvenile court social records, as defined in 232.2(31), shall be deemed confidential criminal identification files under 22.7(9). i. The records are subject to sealing under unless the juvenile court waives its jurisdiction over the child so that the child may be prosecuted as an adult for a public offense b. Under , the court shall order the records for a delinquency adjudication sealed upon the following conditions ii. Two years have elapsed since the final discharge of the person

6 iii. The person has not been subsequently convicted of a felony or an aggravated or serious misdemeanor or adjudicated a delinquent child for an act which if committed by an adult would be a felony, an aggravated misdemeanor or a serious misdemeanor and no proceeding is pending seeking such conviction or adjudication. iv. The person was not placed on youthful offender status, transferred back to district court after the youthful offender's eighteenth birthday, and sentenced for the offense which precipitated the youthful offender placement. v. However, if the person was adjudicated delinquent for an offense which if committed by an adult would be an aggravated misdemeanor or a felony, the court shall not order the records in the case sealed unless, upon application of the person or upon the court's own motion and after hearing, the court finds that paragraphs "a" and "b" apply and that the sealing is in the best interests of the person and the public. vi. Once sealed, inspection of the records and disclosure of their contents may be permitted only pursuant to court order upon application by the subject of the records 1. There is an exception in that the court may permit reports to be examined for bona fide research purposes under whatever conditions the court deems proper c. State Public Defender v. Iowa District Court for Blackhawk County, 633 N.W. 2d 280 (Iowa 2001). The Supreme Court of Iowa overruled the district court s decision that the state public defender is a state agency pursuant to Iowa Code (4). Thus, state public defenders are not required to seal juvenile records. K) Driving Privileges a. Iowa Code (2)(a)(4) permits the Court to enter an order suspending or revoking a juvenile s license or operating privileges for a period of one year for the commission of the following delinquent acts: i. Consumption or intoxication in public places in violation of ii. Purchasing, supplying or possessing alcoholic beverages or any attempt to commit these acts in violation of For possession, there must be two or more violations iii. Violations of controlled substance laws under Chapter 124 iv. Any of the prohibited acts relating to drugs, devices and cosmetics contained within v. Any violation of regulations regarding excise tax on unlawful dealings in certain substances under Chapter 453B

7 vi. An assault under if the assault is committed upon an employee of the school at which the child is enrolled and the child intended to inflict serious injury upon the school employee or caused bodily injury or mental illness vii. Possession of a dangerous weapon under if the child carried the weapon on school grounds viii. Any violation of Chapter 724.4B regarding carrying weapons on school grounds b. Iowa Code considers final adjudication in a juvenile court that the child violated a provision of Chapters 321, 321A or 321J to constitute a final conviction under these chapters, notwithstanding Iowa Code section , which states that [a]n adjudication or disposition in a proceeding under this division shall not be deemed a conviction of a crime and shall not impose any civil disabilities or operate to disqualify the child in any civil service application or appointment.

8 Researched and Written by Emily Ralph and Carrie Rowald, Student Attorneys, Drake Legal Clinic, Drake University, 2005 What is Deportation or Removal? Deportation Information for Youth DEPORTATION: A REALITY FOR IMMIGRANT YOUTH FROM ALL COUNTRIES A non-citizen can be deported, but a U.S. citizen cannot be deported. A non-citizen is a person who was born in another country and has not become a U.S. citizen. If the parents of a non-citizen become a U.S. citizen before their non-citizen son or daughter is age 18, then the non-citizen will automatically become a U.S. citizen. A non-citizen who is ordered removed or deported by an immigration judge will be sent by the Immigration and Naturalization Service (INS) to the country where he or she was born, or to another country that agrees to accept his or her deportation. A non-citizen can be deported for many reasons, including: Having entered the U.S. illegally Having been convicted of certain crimes, including misdemeanors, gross misdemeanors, and felonies Having committed certain crimes, even where there is no conviction on the record or the delinquency adjudication took place in juvenile court

9 Some CRIMES that can get YOU DEPORTED: Illegal possession of a weapon, including knives and guns, even if it is in your car or on your body Selling a weapon Domestic violence against a spouse or boyfriend/girlfriend Stalking Child abuse Child neglect Auto theft Shoplifting Burglary of a house or store Prostitution or soliciting a prostitute Fistfights, especially if you use any kind of weapon (i.e. a knife, gun, or blade) Kidnapping your girlfriend in order to marry her Possessing drugs, using drugs, or selling drugs, even if it's only a very small amount Rape or sexual assault Having sex with someone who is under age 18 Lying to a police officer or a judge about your name Using false papers to get a job Writing bad checks Being involving with a gang that commits crimes Threatening to harm or kill someone

10 Not 18 yet? With some exceptions, most delinquency adjudications in juvenile court will not count against you. But if you are in extended juvenile jurisdiction proceedings (EJJ), you are at great risk of being deported. Why? Because if you violate the terms of your EJJ probation before you turn 21 and your probation is revoked, you will serve an adult sentence and be deportable for having an adult conviction. If you are put into criminal proceedings in adult court and have a conviction for certain felonies, gross misdemeanors, and misdemeanors, you may be deportable. Some of the crimes that make you deportable are listed above. Sex: If you have sex with your boyfriend or girlfriend who is under age 18 and you are convicted for statutory rape, you are deportable even if your boyfriend or girlfriend agreed to have sex with you. Unless you have a very strong claim of persecution in your home country, you have NO remedy (way of staying in the U.S.) even if you already have a green card. It does not matter if you have been in the U.S. since you were an infant. Drugs: If you have been adjudicated as a delinquent by a juvenile court for drug possession or drug addiction, you are deportable. If you do not have a green card and have a drug possession offense or addiction problem, you are deportable and will never get a green card. If you have a green card, you are deportable. Selling drugs is a deportable offense for your immigration status whether or not you have a green card, and even if you sell only a $10 baggie or rock. I just turned 18-- What should I do? If you have any kind of criminal record: If you have committed a misdemeanor involving weapons, domestic violence, or more than one shoplifting or other theft crime OR if you have committed any felony, you should talk to an immigration attorney as soon as possible. DO NOT APPLY ON YOUR OWN FOR CITIZENSHIP until you have talked to an immigration attorney. If you do, you may risk placing yourself in deportation (removal) proceedings. DO NOT LEAVE THE U.S., even to go shopping for a few hours in Mexico or Canada, until you have talked to an immigration attorney. You may be able to leave the U.S. without a problem, but coming back into the U.S. may be impossible. You run the risk of detention without a bond by the INS and a quick hearing to remove you permanently from the U.S.

11 If you are arrested or charged with any crime in juvenile, EJJ or adult court: Tell your public defender or defense attorney that you are not a U.S. citizen. Tell your public defender or defense attorney that you are not a U.S. citizen. Ask your public defender or defense attorney to call one of the following legal assistance offices before you plead guilty: Immigrant Law Center of Minnesota, (612) ; Centro Legal, (612) ; LAMP, (612) You need to know that pleading guilty to certain crimes will make you deportable and may eliminate any type of remedy from deportation. What can I do to keep out of trouble with the INS? Obey all laws: do not break the law, even for fun. Stay away from drugs and alcohol. Make friends with others who are not involved in gangs. Become a citizen (if you are eligible) and help your parents to become citizens. Make smart decisions about your life. if you don't, you may spend the rest of your life in a foreign country far away from your family and friends. Information taken from the Immigrant Law Center of Minnesota s website, December 30, Website address:

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13 Checklist for Attorney s Handling Juvenile Delinquency Cases The following is a list of possible consequences of adjudication as a juvenile delinquent. It is suggested that attorneys who routinely handle delinquency matters review each of these possibilities with their clients prior to advising them to accept a plea offer that would result in adjudication. Implications of Adjudication for Future Court Proceedings Waiver Impeachment Firearms and weapons possession Physical and Mental Examinations Generally HIV testing DNA testing Photographs and fingerprints Sex offender registration Media exposure Immigration Military service Employment and college admissions or financial aid Expungement and Record Sealing Driving privileges