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Washington State News Says Stop Shielding Juvenile Records posted by The Daily News Online
The state of Washington has, we think, a reasonable mechanism for dealing with court records relating to crimes committed by juveniles, which remain open to the public unless specifically sealed by a court order.
Courts also have the frequently exercised option of deferring disposition of juvenile cases for one year after a defendant is found guilty, after which the conviction can be vacated. Persons with vacated convictions on their records can then petition the court to have the records sealed.
Some state legislators, however, apparently feel that almost all crimes committed by all juveniles ought to be placed permanently behind a legal curtain and have introduced a measure mandating that the vast majority of juvenile records be withheld from public view.
The only exceptions would be in case of "serious and violent crimes" such as a first-degree murder. According to the Associated Press, there were only nine such cases in Washington during 2011.
While we sympathize with young men and women who'd like the opportunity to "start fresh" without a traceable criminal record on their resumes, we also sympathize with potential employers and college admissions officers attempting to run background checks on applicants.
Supporters of the sealed records bills take an opposite tack, saying that employers and colleges often "discriminate" against applicants with criminal records. To our way of thinking, rejecting an applicant because he or she may have a history of assault, drug use or property crimes often qualifies as an advisable hiring or admissions practice rather than discrimination.
A decision that an applicant shouldn't be penalized for a youthful "mistake" ought to be an informed decision.
Sealing the large majority of juvenile records also severs a link between the courts and members of the public who have a right to know exactly how these cases are being handled.
The bills "SB 6292 and HB 2542" have considerable support among attorneys who specialize in juvenile cases. While passage would certainly benefit their clients, we fail to see a benefit to the public at large.
That being said, we urge our elected representatives in Olympia to reject both proposals and leave things as they are.
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