Home > Journals > WMLR > Vol. 65 (2023-2024) > Iss. 3 (2024)
William & Mary Law Review
Abstract
Picture a sixteen-year-old named Sam. Perhaps this person reminds you of yourself as a teenager. Now imagine that Sam has made a terrible mistake and is arrested for cocaine possession. Perhaps they got the drugs from another kid at school or from a family member. But now Sam has a federal criminal record, which is likely to stick with them for life.
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This Note argues that federal courts should have the power to expunge juvenile records in cases like Sam’s. It advocates for legislation granting federal courts the power to expunge the criminal records of offenders who were under eighteen at the time of their offenses. Part I describes the history of federal juvenile expungement law, which leaves most juvenile offenders with no possibility of record relief. Part II describes the collateral consequences of a juvenile record and advocates for expungement as a means of reducing recidivism amongst juvenile offenders. Part III proposes a federal statutory framework for expungement of juvenile records. Finally, Part IV addresses likely counterarguments to statutorily guaranteeing expungement for a broader set of juvenile offenses.
This abstract has been taken from the author's introduction.