Kids make mistakes.
For minors who aren’t considered serious or habitual offenders, however, the mistakes of youth often linger into adulthood.
A criminal record can negatively impact their ability to get a job or acceptance to schools. For the ones who have learned from their mistakes, the path back has roadblocks.
“We say we want them to go on the right path,” said state Rep. Mia Jones, “and then every obstacle is placed in their way.”
The Jacksonville legislator filed a bill this year that made major changes. For all juvenile offenders, records would be retained until either the minor’s 18th birthday or the first day the juvenile was no longer in custody, whichever comes later.
It was a giant leap from the current law that has records on file until non-serious offenders turn 24 and serious offenders turn 26.
Like many bills in Tallahassee, Jones’ effort didn’t gain traction. But, there is a bipartisan support for bills that would take years off the process for some.
Rep. Chris Latvala and Sen. Nancy Detert have bills making their way through committees that require juvenile criminal records for non-serious offenders be retained until age 21. That process can start even sooner if juveniles meet certain criteria, like not committing a criminal offense within a five-year period before applying.
Jones calls it a fair compromise, but will still push for tweaks. She’d like for juvenile records, at minimum, to be sealed at 18 then expunged at 21.
“It still allows them the opportunity to move forward,” she said of the Latvala/Detert bill. “To take four years, that’s a long time, a long time to get in trouble … we need to get them back on track sooner.”
Jones said she has heard stories from juveniles and their families over the years. When every door is closed because of past mistakes, she said, juveniles “have to go on the path that’s left.”
Black youths often are overrepresented in such cases, Jones said, which has led to the issue becoming a priority for the Legislative Black Caucus.
Currently, the Latvala/Detert bills leave the final OK on expungement with the State Attorney’s Office of the juvenile offender’s district. Jones said she preferred the decision be automatic if all criteria were met.
The State Attorney’s Office of the 4th Circuit, comprising Clay, Duval and Nassau counties, on Friday issued a statement in response to questions on the issue, saying it supported expunging records for non-violent misdemeanors and has actively assisted in the process for years.
To speed that process for juveniles has been the goal for many lawmakers like Jones, who said this might finally be the year some relief is provided.
“I do believe it’s going to get taken care of,” she said.
The Latvala bill has 14 co-sponsors across party lines. It must still make it way through the Judiciary Committee.
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