cdTOCtest

likelihood of a specific harm unique to that juvenile. Even
if that standard is not met, however, the court retains
inherent power to deny access, subject to constitutional
requirements. Here, the juvenile relied only on the
generalized harm of increased trauma to him and his
family which would be caused by publicity which did not
meet the standard, nor were there extraordinary
circumstances warranting the court to independently
deny public access.

State in the Interest of B.J.W., 250 N.J. Super. 619 (Ch.
Div. 1991). Family Court exercises its discretion under
N.J.S.A. 2A:4A-60g (currently designated subsection
(i)), to prohibit newspaper from attending court
proceedings in a case involving a 15 year old girl who
killed her mother and brother, where there was evidence
that the juvenile would be adversely affected by
continued publicity, would especially suffer in bonding
which the medical experts stated was beginning with the
remaining family members, and there was scant need to
protect the public by disclosure in an intra-familial
homicide.

B. Fingerprinting (N.J.S.A. 2A:4A-61)

Pursuant to N.J.S.A. 2A:4A-61a, fingerprints of a
juvenile may be taken only in the following
circumstances:

1. Where latent fingerprints are found during the
   investigation of an offense and a law enforcement officer
   has reason to believe that they are those of a juvenile, he
   may, with the consent of the court or juvenile and his
   parent or guardian fingerprint the juvenile for the
   purpose of comparison with the latent fingerprints.
   Fingerprint records taken pursuant to this paragraph
   may be retained by the department or agency taking
   them and shall be destroyed when the purpose for the
   taking of fingerprints has been fulfilled.


2. Where a juvenile is detained in or committed to
   an institution, that institution may fingerprint the
   juvenile for the purpose of identification. Fingerprint
   records taken pursuant to this paragraph may be retained
   by the institution taking them and shall be destroyed
   when the purpose for taking them has been fulfilled,
   except that if the juvenile was detained or committed as
   the result of an adjudication of delinquency, the
   fingerprint records may be retained by the institution.


3. Where a juvenile 14 years of age or older is charged
   with delinquency on the basis of an act which, if
   committed by an adult, would constitute a crime,

fingerprint records taken pursuant to this paragraph may

be retained by a law enforcement agency for criminal

identification purposes.

Fingerprints of a juvenile shall be taken if the juvenile

is adjudicated delinquent on the basis of an act which

would constitute a crime if committed by an adult.

N.J.S.A. 2A:4A-61c. Fingerprints taken pursuant to

subsection c shall be retained for law enforcement

purposes. N.J.S.A. 2A:4A-61d.

State in the Interest of S.S., 273 N.J. Super. 31 (App.

Div. 1994). N.J.S.A. 2A:4A-61a(3) allowed the

fingerprinting of a 15 year old juvenile charged with

delinquency based on an act which would constitute a

crime if committed by an adult, and it permitted

retention of those records for criminal identification

purposes.

In re Fingerprinting of M.B., 125 N.J. Super. 115

(App. Div. 1973). Where an eighth grade class ring was

discovered near the body of a homicide victim and the

victim’s automobile was found bearing latent

fingerprints, the court properly permitted fingerprinting

of all male members of the class for comparison purposes.

C. Photographing (N.J.S.A. 2A:4A-61b)

No juvenile under the age of 14 shall be

photographed for criminal identification purposes

without the consent of the court or of the juvenile and his

parent or guardian.

D. Sealing and Expungement

The sealing of juvenile records is governed by

N.J.S.A. 2A:4A-62. Expungement of juvenile records

pursuant to N.J.S.A. 2C:52-1 et seq. is also an available

remedy. N.J.S.A. 2A:4A-62f; see also State in the Interest

of R.C.C., 151 N.J. Super. 174 (J. & D.R. Ct. 1977).

Under the express terms of N.J.S.A. 2C:52-4.1,

adjudications of delinquency may be expunged if certain

criteria are met. This statute thus effectively overrules

that portion of State v. W.J.A., 173 N.J. Super. 19 (Law

Div. 1980), which held that an adjudication of

delinquency could not be expunged.

E. Consideration of Delinquency Adjudication by Adult

Sentencing Court

Prior adjudication of delinquency may be considered

by an adult court for the purposes of imposing sentence.

State v. Ebron, 122 N.J. Super. 552, 561 (App. Div.),