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:
- 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. - 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. - 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.),