[piggybankrus]

Can Juvenile records be used against an adult in a minor misdemeanor case?

More specifically, if an adult has not had a citation in nearly 3 years, can the prosecuting entity use his/her juvenile records as basis for sentencing or plea recommendation, or could this be considered prejudicial?

[Fr_Chuck]

The juv record should be sealed and not available to be used at all.

If they were to want to use those records they would first have to know they exist, and second make a speicific motion to the court to allow them to be used.

There are of course exceptions, if part of a defense is that this person is a choir boy who carried his moms grocrey homes every day, this might open up them to introduce evidence to prove the defense wrong or lying.

Next if at the pre sentencing investigation, people are questioned, what they say or don't say can't be controlled