Headed Off to College? You Might Not Leave Your Juvenile Record Behind

December 01, 2012

Making a few youthful mistakes is simply a part of growing up. Most of us learn from errors made at a young age and simply leave the past behind. But one recent Pennsylvania appeals court decision could make it increasingly harder for those convicted of juvenile crimes to move on with their lives.

Ruling Means Teenager's Juvenile Record Will Be Provided to University

In Pennsylvania, a juvenile adjudication of delinquency is not the same thing as a criminal conviction. However, a record of juvenile delinquency can have many of the same effects as a criminal conviction record.

Contrary to popular belief, juvenile records do not simply "go away" once you reach a certain age. Although in most cases juvenile delinquency records are not available to the public, courts in Pennsylvania will generally keep juvenile records for 25 years and police departments may keep them even longer. If you are charged with a crime as an adult, your juvenile delinquency adjudication could result in a sentence enhancement.

Despite the usual policy of keeping juvenile records private if possible, the Pennsylvania Superior Court recently upheld a judge's ruling requiring authorities to notify a teen's college of his juvenile record.

The teen, identified in the media only as "S.D.," was found delinquent when he was 17 for possessing child pornography on computer hard drives. As part of S.D.'s adjudication, the judge ordered the juvenile probation department to notify Temple University, the college where S.D. had been accepted to begin in the fall.

S.D. and his lawyer challenged the ruling, noting that while Pennsylvania law requires juvenile probation officers to notify primary or secondary school officials when a student has been found delinquent, it makes no mention of colleges or universities. But, in the end, the court ruled that the original judge was within his authority to order notification of Temple University officials to protect teachers and students from potential harm at the hands of S.D.

Critics of the decision claim it will expose youthful offenders who have little likelihood of committing other offenses to unnecessary harassment. After all, S.D. still has the opportunity to request another appeal, either before an expanded panel of the Superior Court or at the state Supreme Court level.

A Criminal Defense Attorney Can Help Contest Charges

Does the recent ruling breach juveniles' traditional right to confidentiality? Normally, juvenile confidentiality is respected because juvenile offenses are usually less serious and juveniles are not given the same due process protections as adults such as jury trials. This ruling indicates a possible erosion of the broad confidentially juvenile offenders have long been afforded in Pennsylvania.

If you have been charged with a juvenile crime, or if your son or daughter has been accused of wrongdoing, successfully defending the charges with the help of an experienced defense attorney is your best bet to prevent the creation of records that could resurface in the future. If there are already juvenile records of concern, an expungement may be another option. In either case, a criminal defense lawyer can advise you of your options and set you on the path toward a brighter future.

Article provided by Masorti & Sullivan, P.C.
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