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MA H1298

MA H1298
To permit purging of juveniles delinquency records


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

For legislation to permit purging of juveniles delinquency records. The Judiciary.

AI Summary

This bill proposes to allow individuals who have gone through juvenile delinquency proceedings to petition the court to have their records purged, meaning they would be removed and destroyed, leaving no trace of their identifying information, effectively allowing them to act as if the case never happened. This petition can be filed after the juvenile court proceedings are finalized and any court-ordered requirements are met. The bill establishes a presumption in favor of purging records for juveniles who have been exonerated, had their cases dismissed, or where there was no probable cause for arrest, while also requiring the court to consider factors like the offense's severity, the potential negative impact of maintaining the record, public safety needs, and evidence of rehabilitation. If a purge is ordered, all identifying information from various law enforcement, court, and probation records, as well as those held by educational institutions and state and federal agencies, must be removed within 30 days, though data may be retained for statistical analysis. The bill also extends this purging right to individuals prosecuted as Youthful Offenders under specific circumstances and mandates that the juvenile court inform juveniles of their right to petition for purging or sealing their records, providing them with plain-language information and a sample petition.

Committee Categories

Justice

Sponsors (12)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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