Relating to the sealing of juvenile court records, and including effective date provisions

This bill relates to the sealing of juvenile court records (records). Under current law, a court is required to hold a hearing to seal records relating to an adjudication of delinquency two years after the last official action in the matter or when the person adjudicated to have committed a delinquent act reaches years of age, whichever is later. Persons not adjudicated delinquent must apply to the court to have the person’s records sealed. The bill requires a court to hold a hearing upon its own motion to seal the records of a person who was the subject of a complaint or petition alleging delinquency (petition) two years after the last official action in the matter or when the person subject to the petition reaches years of age, whichever is later. 08 or more to have the person’s records sealed.25 (right to review complaint against juvenile). Under current law, a person adjudicated delinquent for an offense which if committed by an adult would be an aggravated misdemeanor or felony cannot have the person’s records sealed unless the court finds that the person is at least years of age and has not been subsequently convicted of a felony, an aggravated misdemeanor, or a serious misdemeanor, adjudicated a delinquent child for an act which if committed by an adult would be a felony, an aggravated misdemeanor, or a serious misdemeanor, or has a pending proceeding seeking such a conviction or adjudication. The bill requires the sealing of records of a person adjudicated delinquent for an offense which if committed by an adult would be an aggravated misdemeanor or felony unless the state files an objection. If the state files an objection, the court must set a hearing to determine if sealing the records is in the best interests of the person and the public. The bill allows a person who, after being subject to a petition, was convicted of a felony, an aggravated misdemeanor, or a serious misdemeanor, to have the person’s records sealed if the court finds at a hearing that sealing the records is in the best interests of the person and the public. The bill’s provisions shall not be interpreted to preclude the district court from scheduling a sealing of records hearing upon application of a person who was the subject of a petition. The bill directs the supreme court to establish guidance and timelines for each district court to identify and seal all juvenile court records for cases that commenced prior to the bill’s effective date that are eligible to be sealed pursuant to the bill. District courts must endeavor to seal each record within one year of the date the record is identified as eligible to be sealed pursuant to the bill. _____ have a cause of action for damages as a result of the district court’s failure to identify and seal a juvenile court record. The bill makes conforming changes. The bill is effective upon enactment.