ABA Adopts Model Juvenile Records Act to Eliminate Barriers to Success for Youth

Last week, the American Bar Association’s (ABA) House of Delegates unanimously adopted a Model Act Governing the Confidentiality and Expungement of Juvenile Delinquency Records.  The Model Act builds on long-standing ABA policy that directs states to enact statutes to protect youth from the adverse consequences of juvenile delinquency records.  Young people are routinely denied jobs, housing and even admission to college because their juvenile records are open to the public.  The Model Act provides state legislators with statutory language they can adopt to tighten the confidentiality of delinquency records and provide for faster and easier expungement once cases are closed.

“Increased public awareness, spurred by recent initiatives and reports, made this an opportune moment for the ABA to provide critical guidance to state lawmakers on this issue,” commented Juvenile Law Center Associate Director Lourdes Rosado, who spearheaded passage of the Model Act as co-chair of the Children’s Rights Litigation Committee in the ABA’s Section of Litigation.

“Leaders across the political spectrum are today calling for exactly the reforms that are embodied in the Model Act.  They recognize that making juvenile records publicly available does very little to advance public safety while narrowing the path to success for some of our nation’s most vulnerable youth, particular African-American and Latino children. ” 

Juvenile Law Center’s Failed Policies, Forfeited Futures: A National Scorecard on Juvenile Records, which was released last fall, rated state statutes against ten core principles that align with the language in the new ABA Model Act.  The scorecard demonstrates that too many states still make juvenile delinquency records publicly accessible, thus creating barriers to employment and education for youth who are trying to get their lives back on track.

As Attorney General Loretta Lynch recently pointed out, “participation in pro-social behaviors like employment, education and civic engagement – the very things that people with criminal records are often barred from participating in – actually reduces recidivism” and makes our communities safer.  Advocates and state lawmakers are urged to use Juvenile Law Center’s scorecard and the Model Act to revise their laws to eliminate unnecessary obstacles to youth becoming productive members of our society.