Criminal Records in the Youth Jurisdiction

It is unarguable that there is public interest in knowing an individual’s criminal record, particularly where an individual may wish to work in positions of particular trust and responsibility. However, this must be balanced against the public and individual interests in ‘moving on’ from offending behaviour. This article considers the effect of criminal records gained while the individual is a youth (in criminal justice terms, aged 10 to 17 years) in the New Zealand system. The author posits that the treatment of criminal records gained in the youth jurisdiction in New Zealand is complex, due to ambiguity in the status of records of offending as ‘sealed.’ The article concludes that with the expansion of electronic records and information sharing, and increased emphasis on checking and vetting, transparency around the status and lasting effect of criminal records is required.