Q: If I had a case moved from adult court to juvenile court do I have any ability to have my name redacted from articles?
When I was 17 I was charged with a few different crimes in adult court in Nebraska. Some news articles were posted about me and 3 others with my name stated in the news articles. My case was then moved to juvenile court because I was a minor. However, these articles still contain my full name and age at the time. Do I have any authority or ability to have my name redacted from these articles or am I at the will of the publishers deciding whether they want to or not?
A:
This is a complex legal situation that involves the intersection of juvenile justice, media law, and privacy rights. Here's a general overview, but please note that for definitive advice, you should consult with a lawyer who specializes in this area of law in Nebraska:
1. Juvenile records: Generally, juvenile court records are confidential and not accessible to the public. However, this doesn't automatically extend to news articles published before the case was moved to juvenile court.
2. Media rights: News organizations have First Amendment protections that generally allow them to publish truthful information obtained legally. This includes information from public court records before the case was moved to juvenile court.
3. Right to be forgotten: Some jurisdictions have "right to be forgotten" laws, but these are not widely established in the United States, and Nebraska doesn't have specific laws addressing this.
4. Publisher discretion: In most cases, you would be at the discretion of the publishers. Many reputable news organizations have policies for considering requests to update or remove old articles, especially in cases involving minors or where charges were dropped or reduced.
5. Expungement: If your juvenile record has been expunged, you might have a stronger case for requesting the removal or redaction of your name from these articles.
Your options might include:
1. Directly contacting the publishers and explaining your situation, requesting they redact your name or remove the articles.
2. Consulting with a lawyer who specializes in media law or juvenile justice to explore any legal options specific to your case and jurisdiction.
3. Looking into reputation management services that can help push these articles lower in search results.
Remember, while the publishers aren't legally obligated to remove or edit the articles in most cases, many might be willing to consider your request, especially given that you were a minor at the time and the case was moved to juvenile court.
For the most accurate advice tailored to your specific situation, I recommend consulting with a local attorney who specializes in juvenile law or media law. They can provide guidance based on the specifics of your case and Nebraska law.
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