Are Juvenile Records Sealed in New Jersey?
Often the answer is no – especially if you or a child are arrested for a serious offense or even felony charges. A conviction is a tough experience for both the offender and family. Teenagers make mistakes and often find themselves on the wrong side of the law. They go through the judicial process, juvenile defense, pay fines and sometimes serve time as punishment for their errors. What’s worse, is that after the ordeal is over, they find themselves fighting an uphill battle in their college applications and careers, with a criminal record that hangs like a shadow over their lives.
Yesterday, a New Jersey Court of Appeals panel decided that juveniles who have been convicted of a crime and are housed at juvenile offender facilities should have a hearing before they are transferred to State prison due to behavioral problems. The hearings will be heard by members of the Juvenile Justice Commission and the juvenile will be able to contest the transfer request, either on their own or through an attorney.
Previously, juveniles who were deemed to be ‘unruly’ and were being detained at any of New Jersey’s juvenile detention centers could be transferred to a State Prison for adults as soon the same day that their conduct was determined to be a nuisance.
The case came before the panel from the Court of Appeals because of a 2011 decision involving a Vineland, NJ teenager who was transferred to South Woods State Prison. That juvenile had been arrested and convicted of a crime as a juvenile. He was transferred to a medium security prison in Bordertown when he turned 18. During his time at that facility, he was cited for assaulting a staff member as well as other documented discipline problems. (more…)
