A Possible Lawsuit?

[ultraborn]

What is the name of your state (only U.S. law)?
California

About two years ago, I was pulled over, charged and arrested for a DUI; however, during that time, I was under the age of 18 and still considered a juvenile. It was not until recently that I found out that the police logs detailing this alteration publicly disclosed sensitive personal information relating to juveniles. In the police log (which is posted on the internet for the entirety of the world to see), my name is given in description of the DUI arrest. Now, I was under the impression that it was unlawful to publicly disclose personal juvenile information.

From the research I have done, this is as illegal and unlawful as it gets. Not only that, but now potential employers only need do a quick search on google to find out that I was charged with a DUI as a juvenile. Obviously, this is something that will result in lifetime complications affecting nearly every aspect of my life. The moment the arresting city posted those police logs on the internet it became as permanent as any material possible. Such information will last far into the future and will be searchable by any persons who is sufficient in using google.

Now my question is, do I have a possible lawsuit? There is possibly no way to ever eliminate this information from the web and as a result, my future employment prospects may be severely affected by such a mistake.

 

[CdwJava]

About two years ago, I was pulled over, charged and arrested for a DUI; however, during that time, I was under the age of 18 and still considered a juvenile. It was not until recently that I found out that the police logs detailing this alteration publicly disclosed sensitive personal information relating to juveniles. In the police log (which is posted on the internet for the entirety of the world to see), my name is given in description of the DUI arrest. Now, I was under the impression that it was unlawful to publicly disclose personal juvenile information.

Yes and no. The police are not generally permitted to release it, but the name can be released by the juvenile court. Also, if a media outlet should find out the name for some reason, nothing prevents them from publishing it.

From the research I have done, this is as illegal and unlawful as it gets.

Hardly. It is not all that serious. It's an administrative prohibition, not a criminal one. In fact, an argument can be made that pursuant to GC 6254 the name of a minor who is arrested MUST be released upon request.

Now my question is, do I have a possible lawsuit?

Maybe. Do you have damages? If so, what are they?

You cannot sue on the basis of damages that you MIGHT incur some day.

There might be enough of an award to pay an attorney, so you might be able to talk to an attorney about a possible claim and suit for violating the statute, but since you have no damages, the award will be minimal if it exists at all.

There is a Welfare and Institutions Code section that addresses this but I don't have it here at home. I'll have to look into it at the office in a few days.

 

[ultraborn]

From my knowledge, the juvenile court that dealt with my case never authorized the police department to release my name. Actually, I read numerous police logs from that police department, and I happened to be the only juvenile whose name was disclosed which signifies some sort of human mistake when writing out the police log. Furthermore, I happened to discover other incidences very similar to mine which also involved juveniles but did not have their names disclosed such as myself.

Are there damages besides possible future ones? Yes, I believe so. I was planning on filing a petition to seal my juvenile record but seeing as there is a piece of my juvenile record floating around on the internet, sealing my records would not achieve its intended purpose of denying access of such records to employers.

Also, my DUI was not a high profile case that any local media outlet would find of much interest. Around my area, the media are NEVER allowed to disclose the names of any juveniles. If such is the case, the police department investigating the incident will usually force the media to censor and eliminate names of any juvenile.

And I also find it rather funny that at the end of the police log it states that:
Distribution of personal information relating to juveniles...is unlawful. If such information is included in this report, do not disclose or publish. Return this report to the Records Section of the agency listed above.

What I feel happened is that since this happened in close proximity to my 18th birthday, whoever prepared the police logs that day made a grave mistake of thinking this had happened when I was no longer a minor.

Oh, and I'm looking for the section of GC6254 which states that personal juvenile information such as my name can be disclosed. I seem to be reading something that states the exact opposite stating that personal information regarding juveniles are exemptions to public records.

Edit: Further research into this shows that juveniles are exempt from having their names disclosed publicly and that GC6254 does not apply to them.

 

[CdwJava]

Are there damages besides possible future ones? Yes, I believe so. I was planning on filing a petition to seal my juvenile record but seeing as there is a piece of my juvenile record floating around on the internet, sealing my records would not achieve its intended purpose of denying access of such records to employers.

Sealing it has other legal benefits. The fact that you have not sealed your record is not damages.

Also, my DUI was not a high profile case that any local media outlet would find of much interest. Around my area, the media are NEVER allowed to disclose the names of any juveniles. If such is the case, the police department investigating the incident will usually force the media to censor and eliminate names of any juvenile.

The police can NOT "force" the media not to release squat. The media can release the name if they want to if they obtain it.

Now, is it possible the name was released accidentally? Sure. But, you still have to show damages to have a claim. Until you get a potential employer to say that the sole reason you were not hired was because of some internet posting you have no viable claim that I can see.

But, you are free to consult attorneys to see if someone will write a letter and make a shot in the dark.

And I also find it rather funny that at the end of the police log it states that:
Distribution of personal information relating to juveniles...is unlawful. If such information is included in this report, do not disclose or publish. Return this report to the Records Section of the agency listed above.

I find it humorous, too, since there would be no real legal ability to enforce that threat. That's not like any such disclaimer I've read on a police log.

What I feel happened is that since this happened in close proximity to my 18th birthday, whoever prepared the police logs that day made a grave mistake of thinking this had happened when I was no longer a minor.

It could be. It's happened before and it will probably happen again. But, as there is no prescribed penalty for accidental release you have to rely on actual damages.

Oh, and I'm looking for the section of GC6254 which states that personal juvenile information such as my name can be disclosed.

No, it states what must be released on an arrest regarding a suspect. W&I 827 discusses the release of juvenile records by the juvenile court and that is usually the section cited by law enforcement to justify not releasing the names of juveniles as the section indicates case file info to be released only by the juvenile court. It appears to be arguable whether or not that precludes name and age of an arrestee who is under 18 but most media outlets do not argue it and it sounds good for law enforcement to withhold the info.

I seem to be reading something that states the exact opposite stating that personal information regarding juveniles are exemptions to public records.

When victims.

Once again, you will have to articulate damages before you can make a claim. What is the dollar value of those damages?

If you truly think you have a cash cow, speak to an attorney. If he does cartwheels, you have a winner. If he shrugs, winces, or asks for money up front to write letters, then you ain't got squat. I've been at this for 20 years and been involved in CPRA issues for ten. I have heard these claims before when a name was accidentally released and have yet to ever see an award for any such claim, but maybe you have some damages, I don't know.

 

[Ozark_Sophist]

Sealing it has other legal benefits. The fact that you have not sealed your record is not damages.


Now, is it possible the name was released accidentally? Sure. But, you still have to show damages to have a claim. Until you get a potential employer to say that the sole reason you were not hired was because of some internet posting you have no viable claim that I can see.

A potential employer would probably take the fact applicant lied about not having an arrest as justification for not hiring.

 

[CdwJava]

A potential employer would probably take the fact applicant lied about not having an arrest as justification for not hiring.

Good point.

And until the record is sealed, he cannot make that claim.