Plan for your Future! What happens after involvement in juvenile justice system? NJJA Conference, Kearney, NE -- May 2, 2019 Scott Eckel- Nebraska Legal Aid (seckel@legalaidofnebraska.org) Christine Henningsen- Nebraska Youth Advocates (christine.henningsen@unl.edu)
Legal Aid Background • Legal Aid of Nebraska is the only & largest statewide non- profit law firm providing free legal services to low-income Nebraskans • 300,000 Nebraskans financially qualify • 2018 –closed over 12,000 cases after providing legal assistance Past 2 years Legal Aid taken its experience in juvenile representation into a new area of great need.
Juvenile Reentry Project • Free civil legal assistance to youth up to age 24, committed offenses as juveniles, were involved in juvenile justice system, and are now attempting to build a better life as a young adult. • Educate & provide direct legal representation for youth up to age 24 • Empower young Nebraskans to move forward in life & become successful members of our communities. • Overcome collateral consequences
Nebraska Youth Advocates A project through UNL’s Center on Children, Families and • the Law Dedicated to giving juvenile defense attorneys the tools • necessary to advocate zealously on behalf of their clients
Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. -Isaac Asimov
WHAT EXACTLY IS A COLLATERAL CONSEQUENCE? • REMEMBER- A juvenile adjudication is NOT a criminal conviction
My Juvenile Record • Who can see my juvenile record? • In Nebraska, your juvenile record can be seen by anyone, UNLESS it is sealed. • If sealed, then only a few “select” people can see it. • Can my juvenile record be used against me in later juvenile or adult cases? • Yes, even if your record is sealed, a judge can look at your juvenile record in future cases when deciding whether to transfer your case to adult court and when making disposition/sentencing decisions, which can lead to more serious consequences. • How do you prevent others from seeing your juvenile record? • Successfully complete probation and it will automatically seal • Motion to court, and then if sealed only a few people can see it.
School • Will my juvenile record affect my ability to go to my local public school? • Potentially, a juvenile record may be shared with your school, which then may affect whether you can continue to attend the same school • Can I get accepted to college, technical/trade school with a juvenile record? • Yes, but you may need to say that you have a juvenile record on some applications or your juvenile record may show up on a background check, which could affect the school’s decision. • Can I get a student loan to help pay for college, technical/trade school? • A juvenile record should NOT impact your ability to get federal college loans to help pay for school
Jobs/Military • Can I get a job if I have a juvenile record? • Yes, HOWEVER . . . the employer’s decision to hire you could be affected by your juvenile record showing up on a background check. • Can I join the military if I have a juvenile record? • Maybe, your juvenile record might make it harder for you to enlist in the military (anecdotally – depends on branch of military).
Housing • Can I rent an apartment or live in public housing if I have a juvenile record? • Maybe, - depends on the type and location of an offense (i.e. drugs/violence), a juvenile record may limit your public housing options. • Remember, UNSEALED records can appear on background checks, private landlords may find out about your juvenile record, which can affect the landlord’s decision to rent to you.
Public Benefits • Can I receive public benefits (food stamps, Medicaid, SSI, and TANF) with a juvenile record? • Yes, you should be able to get public benefits with a juvenile record. • However, getting locked up in a juvenile facility may affect things like food stamps (SNAP), Medicaid, Supplemental Security Income (SSI), and Temporary Assistance for Needy Families (TANF).
Criminal Offenses • An adjudication is not a conviction, so it cannot be used to charge you with a second offense. • Judges can see your record, even if it has been sealed, at any future sentencing, but you can still argue why it should not be used against you. • However, If you have been adjudicated on a felony-level offense or misdemeanor crime of domestic violence, then you will NOT be able to possess a firearm until your each the age of 25. • If you are in possession of a firearm, the police can charge you with possession by a prohibited juvenile offender • You can request to have the “prohibited juvenile offender” designation removed prior to reaching the age of 25.
Other Collateral Consequences • What happens if I do NOT pay court costs, fees, or restitution? • Well this can cause a HUGE issue – you may NOT successfully complete probation, which can/and in most cases will PREVENT you from being able to seal your record • Also can result in a financial judgment against you for the amount owed, and show up on credit report. ❖ If you remember one thing here today, please, please, please, remember the importance of successfully completing probation! • Can still vote & serve on a jury with a juvenile record
Other Collateral Consequences Cont. • Do I have to register as a sex offender if I have a sex offense on my juvenile record? • No. You are NOT req’d to register as a sex offender if your case was heard in juvenile court. • BUT, your name may be placed on the Central Registry of child registry of child protection cases. • Finally, even though your name might not be on a public sex offender registry, most people can get the information about any sex offense charge on your juvenile record UNLESS sealed.
Why should I seal my record? • If your juvenile record is sealed, you can act as if the offense never happened. • If your record is sealed, law enforcement and the courts are not allowed to release any information about the case in response to a background check • DO NOT need to mention your juvenile record to employers, on housing applications, or during interviews, once your juvenile record is sealed. • Most people will NOT be able to see a sealed juvenile record. But there are exceptions • i.e. – police officers, judges, prosecutors, FBI background checks
Pay close attention to wording • “Free Application for Federal Student Aid (“FASFA”) – asks whether you have been convicted of drug charges while receiving student loans? • #2 MOST IMPORTANT THING TO REMEMBER = Criminal Adjudication is NOT a Conviction • Answer – NO • Similar situation to many housing applications (but remember that unsealed records may show up on a background check) so be prepared to discuss that.
How to seal a JV record • Juvenile court case is dismissed, do not admit to a charge without speaking with a defense attorney. • Successfully complete probation • We know that everyone is unique and we all have circumstances beyond our control sometimes. • So if you did NOT complete probation successfully, NOT give up! • You can file a motion to seal your juvenile case once you turn 19 or six months have passed since the case closed (whichever happens first) • Courts want to see and the Juvenile Justice System is designed to rehabilitate & reintegrate • So if you did not complete probation, finish your diploma at school or alternatively get your GED. Keep applying for jobs, and then talk to your friendly Legal Aid of Nebraska JRA!
New and Improved Sealing Statutes • Automatic Sealing (Neb. Rev. Stat. 43-2,108.01-2,108.05) • You were stopped by law enforcement, but no case was filed • Case was dismissed by the prosecutor, or you won at trial • You successfully completed a diversion program • You successfully completed probation (prior to 2019 this would automatically be initiated once youth turns 17) • County attorney cannot object • Law enforcement and the courts make mistakes too! Always best to double check with courts and law enforcement if your record has in fact been sealed.
Sealing Statutes • If your record is not automatically sealed, you can motion the court to seal your record. • You can file when you turn 19 or 6 months after your case closed • Include in your motion information describing positive steps you have taken in your life, i.e. received GED, no new law violations, working, etc. • The county attorney has thirty days to object to your motion, and if they do not your record will be sealed • If the county attorney objects, they have to explain why and the court will hold a hearing within 60 days. • The court can consider: Education, employment, behavior since your case has closed, and any other rehabilitation circumstances.
The Sealing Order • Shall be sent by the court to the DMV, law enforcement agencies, county attorneys, and city attorneys referenced in the court record. • Shall explain what sealing of the record means, and shall include contact information for each government agency subject to the sealing order. • It may take a little bit of time to complete the sealing process so make sure to call and double check that your record has actually been sealed. • You can always access your record, even if it has been sealed.
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