Automatic sealing of juvenile records advanced

A bill meant to tighten the process of sealing juvenile adjudication records in Nebraska advanced from general file March 6.

LB354, introduced by Lincoln Sen. Patty Pansing Brooks, would require that any juvenile’s record be sealed automatically upon satisfactory completion of diversion, mediation, probation, supervision or other treatment program.

Youth are more prone to risky, antisocial behavior, susceptible to peer pressure, more impulsive and less capable of thinking through the long-term consequences of their actions, Pansing Brooks said.

“Many children are not able to move on from those mistakes after they’ve paid their debts, endured their punishments and been rehabilitated,” she said. “That’s because of serious loopholes in our juvenile sealing statutes that leave children vulnerable and subject to ongoing negative ramifications.”

Under the bill, a juvenile’s record would be sealed automatically if no charges are filed or if the charges are dismissed.

If a record is not automatically sealed, the juvenile or his or her parent could file a motion to have it sealed six months after the case has been closed or when the juvenile has reached the age of majority, whichever is sooner.

The bill would allow the state court administrator to permit viewing of a sealed record for bona fide research.

Following adoption of a technical committee amendment, senators advanced LB354 to select file on a 33-0 vote.