National News
Bill aims to reduce transparency of Montana youths' criminal records
March 14, 2017 posted by Steve Brownstein
Montanans who as kids made “criminal mistakes” are at a disadvantage when trying to get jobs later in life because employers could find information from youth court proceedings that should be private, the representative who is carrying a bill to seal some juvenile records said Monday.
“When you’re 16 or 17 you may have done something dumb,” said Rep. Daniel Zolnikov, R-Billings. “The point is to make this information less accessible or not a public record so it doesn’t catch up to somebody later in life and make them less competitive.”
Zolnikov said most states keep more youth court records private than Montana, and even if records are sealed once a person turns 18, they could still be searchable online and come up when a person is applying for a job or a professional license.
In Montana youth cases are either handled formally or informally. The records for informal cases, which could include shoplifting, truancy, disorderly conduct, assault or drug possession, are not public and are only available to the child, his or her family and others who are involved in public safety such as schools. That's about 85 percent of youth cases in Montana.
Formal cases, such as burglary, aggravated assault or sexual offenses, are filed in District Court and the information is public. State Supreme Court administrator Beth McLaughlin used the example of a group of teens who are accused of starting a fire at Helena High as a formal case. This covers about 400-500 cases a year, McLaughlin said.
Minor in possession convictions are also public record.
Steve Cape, with the Montana Coalition of Safety and Justice, said Montanans are at a disadvantage.
He said someone could be denied a professional license in another state because of a misdemeanor on their record from their teens.
“If you want to go work for a bank, you can’t. But if I’m a kid from Nebraska, I may have stolen a car, I may have robbed a bank at 16, but I can come up and say I don’t have a criminal record. I’m good. I can get my license, I can get my job.”
Opponents argued that even if court records are not public, employers could still find information about job candidates from past media coverage.
“Whenever a crime occurs in the community there is a certain amount of information that is out there and not gathered by government but maybe other folks who are in the business of gathering that type of information and promoting it,” said Mark Murphy, with the Montana County Attorneys Association.
John MacDonald, who represents the Montana Newspaper Association and spoke against the bill, pointed out media typically does not name youths charged in District Court even if the information is public.
The House Judiciary Committee, which heard the bill, took no action Monday.
