Chester County “Clean Slate” program gives youth a fresh start
Court officials have just unveiled a new ‘clean slate’ service for juvenile records in Chester County, Pa. The change means that young people who have completed a diversion program will no longer have to petition the court to seal their records; instead, it will be done automatically. This is a policy that is well-worth extending to all young people not only in Pennsylvania, but across the nation.
In a given year, an estimated 2.1 million young people are arrested in America. Once these individuals are adjudicated and turn 18, many people assume their records are automatically sealed and that they are given a fresh start as adults. While 15 states do automatically seal records in some circumstances, the majority of states still require applications by petition to seal records.
Young people are coming into their own and, as a result, are uniquely capable of rehabilitation. Thus, a key principle already contained in juvenile court proceedings is confidentiality, since stigmatizing young people as “offenders” would harm their ability to change their ways and reintegrate with their communities.
Yet despite this reality, the majority of states make certain types of juvenile record information publicly available. And although the sharing of records serves a purpose while young people are in the system, the utility of keeping these records alive diminishes once a person has aged out of the system.
Juvenile records create enormous barriers to success. They can keep young people and their families out of stable housing and harm their ability to find employment. Worst of all, records are used to deny young people educational opportunities. Many universities collect information about past criminal history — including juvenile justice information — during the admissions process. Even if young people can legally say they have no convictions (since juvenile adjudications are not technically convictions), the forms can be confusing, which often leads to unnecessary disclosures. Alternatively, cases have occurred where young people keep their records private, as they are entitled to do, and are later kicked out of school for “lying.”
We want young people — especially those who have stumbled along their path — to have opportunities in education. How else are they to learn and grow? Yet counterintuitively, we keep open records that prevent them from moving forward.
In states that do have a process for sealing records through petitions, very few people take advantage. One study found that only 6 percent of eligible adults applied for an expungement. And this statistic is for adults, who are older, more mature, and have greater access to resources. For young people, who are less mature and lack the same access to resources, issues involving access to justice — including expungement — are magnified.
This is why automatically sealing records is so powerful. In Chester County, the relief might touch a few young people, as it only affects those who have turned 18 after August 2019 and have participated in a diversionary program. Ideally, automatic record-sealing would be in place for all juvenile records once a young person has aged out of the system and abstained from further criminal activity.
Automatic sealing doesn’t just break down the barriers that young people would otherwise face in society; it benefits society itself. In fact, it makes us safer — research has shown a clear link between clearing records and lowering the reoffending rate. It also saves us money — one study demonstrated that with automation, the cost of processing a single petition can be reduced from thousands of dollars to a mere 5 cents. When we’ve already deemed our children eligible for record-sealing, we shouldn’t waste government resources and taxpayer dollars on a complicated, cumbersome process. Automation takes the onus off young people and taxpayers alike.
Pennsylvania made headlines last year when it became the first state to automate record-clearances for adults. Over 21 million cases have already been sealed. We have the technology to automate record clearances for children as well. It’s time we give our youngest citizens a fresh start.
