The Truth About Juvenile Records
Once upon a time, most juvenile court proceedings took place in closed courtrooms and the names of juveniles accused of crimes were not disclosed. A general impression arose that juvenile court records were no longer accessible once the defendant reached the age of majority. Some of those impressions were never accurate. Others were true at one time, but no more. The privacy of juvenile defendants has been significantly eroded since the mid-1990s.
Sealing or Expungement of Juvenile Records
In most states, juvenile records do not automatically disappear when a person reaches the age of majority. Instead, most state laws include provisions that allow an adult to petition to have his juvenile criminal record sealed or expunged at a later date. However, since most juvenile defendants aren't aware that this action is necessary, most never undertake it, and their juvenile histories remain a part of their criminal records. In most states, anyone adjudicated a juvenile delinquent or convicted of a crime as a juvenile still has a juvenile criminal history unless and until steps are taken to close or clear that record. A local criminal defense lawyer can explain the procedures required in a particular state.
Privacy of Juvenile Defendants
Since the mid-1990s, nearly every state has amended its juvenile criminal statutes. Most have made changes that loosen or eliminate restrictions on disclosure of information about juvenile defendants. For instance:
- Most states currently have statutes requiring that when a juvenile is arrested or enters into the juvenile or adult criminal justice system, the juvenile's school is notified. In some states, that notification triggers automatic transfer to an alternative school.
- Several states specifically allow disclosure of the juvenile's name and address to the victim.
- Most states now conduct many juvenile proceedings in open court.
- Several states allow members of the media access to certain juvenile court records.
- Several states allow public release of juvenile court records with no restrictions.
Just as juveniles are now subject to much more serious criminal penalties than are historically associated with the juvenile justice system, there are greater risks in terms of damage to reputation, future employment prospects, and even education. A criminal defense attorney can explain which of these policies is in force in a particular jurisdiction, and what risks a juvenile accused of delinquency or charged with a crime might face.