Having a juvenile record can make it difficult to access jobs, housing and other opportunities later in life. While state law prevents bigger changes, Memphis-Shelby County’s Juvenile Court clerk is working to make the expungement process a bit easier. Starting March 1, the court will accept new forms of identification from young people looking for a fresh start.
In the past, the court clerk has required a driver’s license to verify the identity of those seeking expungements. Now, the clerk will accept other forms of identification, including state IDs, university IDs, birth certificates and social security cards.
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In Tennessee, many — though not all — juvenile records are confidential. But keeping records confidential is not the same as expunging them. As long as a juvenile record exists, it can be discovered by others, said Andrew Keats, a senior attorney at the Juvenile Law Center.
“There’s a widespread belief that what happens in juvenile court is confidential, that your slate gets wiped clean when you turn 18, and that stuff doesn’t follow you,” said Keats. “That’s just not true.”
People with juvenile records might be forced to disclose them in applications for jobs, housing and schools, limiting their access to these opportunities, he said. If they don’t disclose their record, it can still be found — even if it’s technically confidential. “Major landlords, major employers, major schools, have access to outside vendors that can … pull any information that’s out there,” he said.
Keats warns that providing young people with information on how to expunge their records, which Memphis-Shelby County’s Juvenile Court already does, and even removing some administrative barriers, may not actually allow many more kids to expunge their records.
“A very small percentage of [kids] ever get their records expunged given the logistical hurdles and knowledge involved,” Keats said.
In Tennessee, young people must petition the court to have their juvenile record expunged. Instructions on how to expunge those records are often written in legalese, said Keats. As a result of the ordinance, the Juvenile Court will secure written confirmation that young people understand how to expunge their records and help them submit the requests.
Expungements also carry administrative fees, though Juvenile Court says it waives those fees for those that can’t afford to pay.
Even if a young person understands how to petition the court, they often won’t, said Keats, either because they think they can’t afford it, can’t spend the time required to procure an expungement, or don’t realize the impact a juvenile record can have on the rest of their lives.
The best way to ensure that young people’s records are expunged is to make expungements automatic, added Keats. “Providing more information is helpful, but it’s not as good as automatically making this happen.”
Automatic expungements would likely have to be approved by the state legislature.
If the ordinance had gone further it might have been blocked by the General Assembly, said Commissioner Erika Sugarmon, who sponsored the ordinance alongside several others focused on reforming the juvenile justice system.
As it is, Sugarmon worries state lawmakers will still push back on the ordinance. “Right now, the mindset is, ‘lock them all up,’” she said.
Sugarmon, a high school teacher, was inspired to pass the ordinance when one of her students couldn’t expunge his juvenile record because he did not have a driver’s license. When Sugarmon inquired further, she realized he couldn’t afford one. Accepting multiple forms of identification is important for young people like her student, Sugarmon said.
“The purpose of the ordinance is to give young people a second chance,” said Sugarmon.
Rebecca Cadenhead is the youth life and justice reporter for MLK50: Justice Through Journalism. She is also a corps member with Report for America, a national service program that places journalists in local newsrooms. Email her rebecca.cadenhead@mlk50.com.
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