Some states: lifetime registration, never eligible for removal Majority of states: must petition for removal after a waiting period Some states: may petition for removal when court s jurisdiction ends Few states: registration ends at 18, 21, or 25
Deregistration in Colorado Send Notice to law enforcement and District Attorney Get proof of mailing, file petition with court Court schedules a hearing Send notice of the hearing to law enforcement; file proof of mailing with the Court Attend hearing, make argument Court Rules Mail the Court s Order to law enforcement
Colorado Public Defender does not provide representation Colorado Legal Services does not provide representation Some states do provide post dispositional representation The Juvenile Indigent Defense Action Network, or JIDAN Northwestern s Children and Family Justice Center built a subspecialty to remove youth from public registries as part of the post dispositional services they provide. New Orleans
Lack of access to electronic juvenile records Youth often lose paperwork and forget details like case numbers Treatment records, court files, and probation or detention records may be destroyed or housed in another state
Incomplete Statutes In Colorado, not clear what the waiting period is if youth does not successfully complete probation and is not committed. Illogical exceptions In Colorado, you can t expunge traffic offenses
Filing Fees Record Fees Fee for sealing and expungement
Goal is to make the judge realize that the person is more than just a case number Especially if expungement and deregistration are discretionary in your state it is important to go beyond the basic paperwork or court forms.
Encourage youth to get involved in pro social activities and help youth collect documentation (certificates, news articles, group pictures). Give a copy of the file to the youth (or a digital copy such as a CD) when the youth has completed all requirements/finished program Keep contact information for all the professionals and court personnel in the case.
Retain records! File proof of completion of treatment, successful probation, good behavior, etc. in the court file. File proof that you support expungement/ deregistration in the court file.
Reach out to the youth at the end of the waiting period to remind them to expunge/deregister Help the youth understand the process and fill out the paperwork Refer the youth for legal help Provide relevant documents directly to any attorney for faster filing
Write a letter of support. Assist the youth with getting letters of support from diversion, probation, or parole officers, therapists, social workers, case managers, etc. Assist the youth with collecting other positive records, for example, school reports and employee certificates of achievement.
Use the Scorecard to advocate for reform of confidentiality and expungement laws File appeals when expungement of specific offenses is denied Start small on legislative reform: get rid of fees See Youth Opportunities Act and YEAR Act in Washington Institute a notification scheme See Illinois Cook County Notification Mechanism
The Record Expungement Designed to Enhance Employment Act Senators Cory Booker (D NJ) and Rand Paul (R KY) automatic expungement of records for kids who commit non violent crimes before they turn 15 automatic sealing of records for those who commit nonviolent crimes after they turn 15 years old
Challenge registration as applied to children Ohio Supreme Court decision: In re C.P. juvenile registration in violation of 8 th amendment Pennsylvania Supreme Court decision: In re J.B. juvenile registration in violation of due process and right to reputation If registration doesn t exist, challenge exclusion of sex offenses from expungement
Statute: Expungement and deregistration are not automatic Expunged records are not destroyed Generally, no fees to expunge or deregister Fees to gather documents No free representation child must gather information and complete documents Waiting periods 1, 3, 5, 10, or 20 years In most counties, no notification to child of eligibility For registration, two sets of required mailings What s the big ask? How could we start small?
Colorado Juvenile Defender Center Website www.cjdc.org Juvenile Law Center Website www.jlc.org Raised on the Registry: The Irreparable Harm of Placing Children on Sex Offender Registries in the U.S., Human Rights Watch http://www.hrw.org/reports/2013/05/01/raised registry The Consequences of Adjudication, Sanctions Beyond the Sentence for Juveniles Under Colorado Law, Colorado State Public Defender http://pdweb.coloradodefenders.us/index.php?option=com_content&view=article&id=199&itemid=1 61 Juvenile Law Center, Failed Policies, Forfeited Futures: A Nationwide Scorecard on Juvenile Records www.jlc.org/juvenilerecords
www.cjdc.org (303) 825 2044 Elise Logemann elise@cjd.org www.jlc.org (215) 625 0551 Riya Saha Shah rshah@jlc.org Dafna Gozani fellow@cjdc.org