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National News

Michigan Senate bill would restrict access to juvenile criminal records

October 25, 2013 posted by Steve Brownstein

Criminal history records for juveniles will become less available to the public under legislation under consideration in the state Senate.

Under the bill, criminal history for juveniles could be released only by the Michigan State Police to other law enforcement agencies, including courts and prosecutors, or to employers who are required to do criminal background checks of potential employees.

The general public and the media, which used to have access through the state’s Ichat data system — which includes a $10 fee for each check — no longer has access to those records. The bill would put that prohibition in state law, rather than just policy implemented by the State Police.

Juvenile court records are generally available in most circumstances through the courts.

“Juvenile records are supposed to be privileged because, after all, they are juveniles,” said state Sen. Roger Kahn, R-Saginaw, who is sponsoring the legislation. “At the age of 17, they’re supposed to be given the opportunity to go ahead with their lives without that stigma.”

But the Michigan Press Association plans to fight the bill, along with other proposed legislation that seeks to repress access to other information, such as 911 dispatch recordings.

“I get the kid factor,” said Lisa McGraw, of the MPA. “But the public’s right to know should always be the default position.”

Herschel Fink, Free Press legal counsel, said he successfully fought a case to keep juvenile proceedings publicly accessible, noting the judge said it’s in the public interest to know.

The bill — SB 471 — was discussed, but not voted before the Senate Judiciary committee. It may be brought up again.

 

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