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Oklahoma Association of Municipal Attorneys

Military Background Checks

Jon Miller

Fri, Jul 24, 2020 7:36 PM

Fellow Attorneys:

I have a question dealing with Military Background Checks. The City recently received a request for a Police Record Check on an individual, asking for police and juvenile records. As we know, files classified as juvenile records cannot be accessed under state law without meeting certain requirements. I have not addressed the issue of whether a request for a Police Record Check under federal law overrides the protections afforded juvenile records under state law. If anyone has dealt with this issue, I would appreciate any insight.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

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Fellow Attorneys: I have a question dealing with Military Background Checks. The City recently received a request for a Police Record Check on an individual, asking for police and juvenile records. As we know, files classified as juvenile records cannot be accessed under state law without meeting certain requirements. I have not addressed the issue of whether a request for a Police Record Check under federal law overrides the protections afforded juvenile records under state law. If anyone has dealt with this issue, I would appreciate any insight. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Rick Knighton

Fri, Jul 24, 2020 9:50 PM

Jonathan,

Juvenile records that result in a conviction are not confidential. See 10A O.S. § 2-2-103 ("[m]unicipal conviction records involving children less than eighteen (18) years of age convicted of violating municipal ordinances shall be open to public inspection.") Juvenile records that do not result in a conviction - i.e., records regarding successfully completed deferred sentences - are confidential. Instead of seeking juvenile records directly, military recruiters in Norman direct the recruit to obtain their record from Norman's municipal court and submit it to them. Under 10A O.S. § 2-6-105(A)(12), the child who is the subject of the record and the parents, legal guardian, custodian, or foster parent of such child are entitled to inspect juvenile court records without a court order.

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Friday, July 24, 2020 2:36 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Military Background Checks

Fellow Attorneys:

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155

Jonathan, Juvenile records that result in a conviction are not confidential. See 10A O.S. § 2-2-103 ("[m]unicipal conviction records involving children less than eighteen (18) years of age convicted of violating municipal ordinances shall be open to public inspection.") Juvenile records that do not result in a conviction - i.e., records regarding successfully completed deferred sentences - are confidential. Instead of seeking juvenile records directly, military recruiters in Norman direct the recruit to obtain their record from Norman's municipal court and submit it to them. Under 10A O.S. § 2-6-105(A)(12), the child who is the subject of the record and the parents, legal guardian, custodian, or foster parent of such child are entitled to inspect juvenile court records without a court order. Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Friday, July 24, 2020 2:36 PM To: OAMA Luistserv <oama@lists.imla.org> Subject: EXTERNAL EMAIL : [Oama] Military Background Checks Fellow Attorneys: I have a question dealing with Military Background Checks. The City recently received a request for a Police Record Check on an individual, asking for police and juvenile records. As we know, files classified as juvenile records cannot be accessed under state law without meeting certain requirements. I have not addressed the issue of whether a request for a Police Record Check under federal law overrides the protections afforded juvenile records under state law. If anyone has dealt with this issue, I would appreciate any insight. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.